The Florida Senate

721.82  Definitions.--As used in this part, the term:

(1)  "Assessment lien" means:

(a)  A lien for delinquent assessments as provided in ss. 721.16, 718.116, and 719.108 as to timeshare condominiums; or

(b)  A lien for unpaid taxes and special assessments as provided in s. 192.037(8).

(2)  "Junior interestholder" means any person who has a lien or interest of record against a timeshare estate in the county in which the timeshare estate is located, which is inferior to the mortgage lien or assessment lien being foreclosed under this part.

(3)  "Lienholder" means a holder of an assessment lien or a holder of a mortgage lien, as applicable. A receiver appointed under s. 721.26 is a lienholder for purposes of this part.

(4)  "Mortgage" has the same meaning set forth in s. 697.01

(5)  "Mortgage lien" means a security interest in a timeshare estate created by a mortgage encumbering the timeshare estate.

(6)  "Mortgagee" means a person holding a mortgage lien.

(7)  "Mortgagor" means a person granting a mortgage lien or a person who has assumed the obligation secured by a mortgage lien.

(8)  "Notice address" means:

(a)  As to an assessment lien, the address of the current owner of a timeshare estate as reflected by the books and records of the timeshare plan under ss. 721.13(4) and 721.15(7).

(b)  As to a mortgage lien:

1.  The address of the mortgagor as set forth in the mortgage, the promissory note or a separate document executed by the mortgagor at the time the mortgage lien was created, or the most current address of the mortgagor according to the records of the mortgagee; and

2.  If the current owner of the timeshare estate is different from the mortgagor, the address of the current owner of the timeshare estate as reflected by the books and records of the mortgagee.

(c)  As to a junior interestholder, the address as set forth in the recorded instrument creating the junior interest or lien, or any recorded supplement thereto changing the address, or written notification by the junior interestholder to the foreclosing lienholder of such change in address.

(9)  "Obligor" means the mortgagor, the person subject to an assessment lien, or the record owner of the timeshare estate.

(10)  "Registered agent" means an agent duly appointed by the obligor under s. 721.84 for the purpose of accepting all notices and service of process under this part. A registered agent may be an individual resident in this state whose business office qualifies as a registered office, or a domestic or foreign corporation or a not-for-profit corporation as defined in chapter 617 authorized to transact business or to conduct its affairs in this state, whose business office qualifies as a registered office. A registered agent for any obligor may not be the lienholder or the attorney for the lienholder.

(11)  "Registered office" means the street address of the business office of the registered agent appointed under s. 721.84, located in this state.

History.--s. 13, ch. 98-36; s. 43, ch. 2000-302.