Assignment of Rents

Definition: A security instrument that gives a lender the right to collect rental income from a property if the borrower defaults on the loan. It allows the lender to intercept rents directly from tenants as an additional remedy beyond foreclosure.

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Assignment of Rents in Florida

An assignment of rents grants a Florida lender a security interest in the rental income generated by mortgaged property. Governed by Section 697.07, this instrument provides the lender with a separate collateral stream beyond the property itself.

Perfection and Priority

A Florida assignment of rents is perfected by recording in the county official records. Once recorded, the assignment creates a lien on the rents with priority determined by the recording date. The assignment is typically included in or referenced by the mortgage document, though it can be executed as a separate instrument. Recording provides constructive notice to tenants and subsequent lienholders.

Enforcement Upon Default

When the borrower defaults, the Florida lender can activate the assignment of rents by sending written demand to tenants directing payment to the lender, seeking court appointment of a receiver to manage the property and collect rents, or applying to the court for an order sequestering the rents. The lender does not need to take physical possession of the property to enforce the assignment.

Related Terms

Barnes Walker Real Estate

Barnes Walker enforces and defends against rent assignment claims in Southwest Florida. Contact us for commercial mortgage guidance.

Florida Law Reference

Fla. Stat. Ch. 83, Part II

The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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