(a) Any mortgagor, including a grantor under a deed of trust given as security for the payment of a debt or the performance of an obligation, any other person in possession of land, any life tenant, tenant for years, tenant at will, periodic tenant, tenant in common or joint tenant, who, without express or implied authorization, commits or permits waste is liable for the actual damages suffered by the property. An action may be maintained against the person even though he later may grant or assign his interest or estate in the land.
(b) If waste is committed after an injunction to stay waste, the court shall ascertain the damage done by the waste, by affidavit or other proof as the court determines necessary, and may fine the defendant to the extent of double the damage ascertained. If the final judgment is in favor of the injured party the court may determine the amount to be paid to him and the remainder shall be applied as a fine. The court may imprison a person who does not comply with the order to pay and may issue execution in the name of the State for its collection.
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