Florida Statutes 721.85 – Service to notice address or on registered agent
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(1) Service of process for a foreclosure proceeding involving a timeshare interest may be made by any means recognized by law. In addition, substituted service on an obligor who has appointed a registered agent under s. 721.84 may be made on such registered agent at the registered office. Also, when using s. 48.194 where in rem or quasi in rem relief only is sought, such service of process provisions are modified in connection with a foreclosure proceeding against a timeshare interest to provide that:
(a) Such service of process may be made on any person whether the person is located inside or outside this state, by certified mail, registered mail, or permitted delivery service, return receipt requested, addressed to the person to be served at the notice address, or on the person’s registered agent duly appointed under s. 721.84, at the registered office; and
Terms Used In Florida Statutes 721.85
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Notice address: means :(a) As to an assessment lien, the address of the owner of a timeshare interest as reflected by the books and records of the timeshare plan under ss. See Florida Statutes 721.82
- Obligor: means the mortgagor, the person subject to an assessment lien, or the record owner of the timeshare interest. See Florida Statutes 721.82
- Permitted delivery service: means any nationally recognized common carrier delivery service, international airmail service that allows for return receipt service, or a service recognized by an international jurisdiction as the equivalent of certified, registered mail for that jurisdiction. See Florida Statutes 721.82
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Registered agent: means an agent duly appointed by the obligor under…. See Florida Statutes 721.82
- registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
- Registered office: means the street address of the business office of the registered agent appointed under…. See Florida Statutes 721.82
- Service of process: The service of writs or summonses to the appropriate party.
- Timeshare interest: means a timeshare estate, a personal property timeshare interest, or a timeshare license. See Florida Statutes 721.05
(b) Service shall be considered obtained upon the signing of the return receipt by any person at the notice address, or by the registered agent.
(2) The current owner and the mortgagor of a timeshare interest must promptly notify the owners’ association and the mortgagee of any change of address.