Florida Senate - 2008 SENATOR AMENDMENT

Bill No. SB 1986

887968

CHAMBER ACTION

Senate

Floor: 1/AD/3R

4/25/2008 10:56 AM

.

.

.

.

.

House



1

Senator Ring moved the following amendment:

2

3

     Senate Amendment

4

     Delete lines 102 through 119

5

and insert:

6

(c) The association may bring an action in its name to

7

foreclose a lien for assessments in the same manner in which a

8

mortgage of real property is foreclosed and may also bring an

9

action to recover a money judgment for the unpaid assessments

10

without waiving any claim of lien. The association is entitled to

11

recover its reasonable attorney's fees incurred in an action to

12

foreclose a lien or an action to recover a money judgment for

13

unpaid assessments.

14

     (d) If the parcel owner remains in possession of the parcel

15

after a foreclosure judgment has been entered, the court may

16

require the parcel owner to pay a reasonable rent for the parcel.

17

If the parcel is rented or leased during the pendency of the

18

foreclosure action, the association is entitled to the

19

appointment of a receiver to collect the rent. The expenses of

20

the receiver must be paid by the party who does not prevail in

21

the foreclosure action.

22

     (e) The association may purchase the parcel at the

23

foreclosure sale and hold, lease, mortgage, or convey the parcel.

4/25/2008  10:31:00 AM     32-08714-08

CODING: Words stricken are deletions; words underlined are additions.