2017 Florida Statutes
TITLE XL - REAL AND PERSONAL PROPERTY
Chapter 721 - VACATION AND TIMESHARE PLANS
Part III - FORECLOSURE OF LIENS ON TIMESHARE INTERESTS (ss. 721.80-721.86)
721.83 - Consolidation of judicial foreclosure actions.
721.83 Consolidation of judicial foreclosure actions.—
(1) A complaint in a foreclosure proceeding involving timeshare interests may join in the same action multiple defendant obligors and junior interestholders of separate timeshare interests, provided:
(a) The foreclosure proceeding involves a single timeshare property.
(b) The foreclosure proceeding is filed by a single plaintiff.
(c) The default and remedy provisions in the written instruments on which the foreclosure proceeding is based are substantially the same for each defendant.
(d) The nature of the defaults alleged is the same for each defendant.
(e) No more than 15 timeshare interests, without regard to the number of defendants, are joined within the same consolidated foreclosure action.
(2) In any foreclosure proceeding involving multiple defendants filed under subsection (1), the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.
(3) A consolidated timeshare foreclosure action shall be considered a single action, suit, or proceeding for the payment of filing fees and service charges pursuant to general law. In addition to the payment of such filing fees and service charges, an additional filing fee of up to $10 for each timeshare interest joined in that action shall be paid to the clerk of court.
History.—s. 13, ch. 98-36; s. 112, ch. 2003-402; s. 74, ch. 2004-265; s. 39, ch. 2008-111; s. 7, ch. 2010-134.
