P.R. Laws tit. 22, § 1100

2019-02-20 00:00:00+00
§ 1100. Legal standing

(a) Subject to the limitations set forth in the financing resolution or related trust agreement, the Corporation or any other holder of financing property, or the applicable trustee, (1) shall be authorized to hire consultants, attorneys, and other persons and enter into such agreements as the Corporation, other holder, or trustee deems necessary to enforce and collect the revitalization charge revenues or protect the financing property and include the cost thereof as a financing cost, and notwithstanding any other provision of law, (2) shall be hereby expressly authorized to (A) bring legal actions against any owner of the System Assets, any servicer, or any other person authorized to bill or collect revitalization charges, any customers or any other person for failure to bill, pay, or collect any revitalization charges constituting part of the financing property then pledged as security for such bonds, (B) enforce any other provision of this chapter or action taken by the Corporation with respect thereof, (C) take any other action as the Corporation, other holder of financing property, or the trustee may deem necessary to enforce and collect the revitalization charge revenues, or (D) protect the financing property in accordance with the terms of the financing resolution related thereto and the applicable bonds, regardless of whether an event of default has occurred. No action may be brought by the Corporation, the trustee, or the party to any ancillary agreement or on their behalf (other than through the Authority or any successor servicer) against any customer for failure to pay any revitalization charge insofar as the Authority or any successor servicer is fulfilling its obligations under the servicing contract with respect to the enforcement of any collection of charges (including revitalization charges) due from such customer.

(b) Any court shall have jurisdiction over any actions for failure to impose, bill, pay, or collect any financing charges or for enforcement of any provision of this chapter.

(c) The financing property may be transferred, sold, conveyed, or assigned (including an action to foreclose on the financing property) to any person, subject to the terms of any trust agreement, even after the occurrence of an event of default, and while such agreement is in effect with respect to the bonds.

History —July 12, 2016, No. 68, § 2.10.