The 2023 Florida Statutes (including Special Session C)
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. . . judgment, arguing that Dyck-O'Neal failed to provide timely notice of the assignment under section 559.715 . . . Section 559.715 is part of the Florida Consumer Collection Practices Act. §§ 559.55 - 559.785, Fla. . . . The Second District affirmed the final judgment, holding that "the notice described in section 559.715 . . . Because the Legislature declined to be more specific when enacting section 559.715, we will not expand . . . Siefker , 201 So.3d 811, 817 (Fla. 4th DCA 2016) ("The plain language [of section 559.715 ] does not . . .
. . . The FCCPA permits a creditor to assign the “right to bill and collect a consumer debt.” § 559.715, Fla . . . According to its plain language, the notice requirement contained in section 559.715 does not apply to . . . Hagstrom, 203 So.3d 918, 921 (Fla. 2d DCA 2016) (“[Sjection 559.715 applies only to assignees of the . . . Therefore, section 559.715 does not apply. . . . Siefker, 201 So.3d 811 (Fla. 4th DCA 2016) (interpreting the post-2010 version' of section 559.715); . . .
. . . the claimed assignment of the loan within thirty days of the assignment in accordance with section 559.715 . . . those based on the Bank’s asserted lack of standing and noncompliance with the requirements of section 559.715 . . . of the. loan at least thirty days before the filing of the underlying action as required by section 559.715 . . . Siefker, 201 So.3d 811, 817-18 (Fla. 4th DCA 2016) (holding that section 559.715 was applicable to the . . .
. . . There is no private right of action to enforce a violation of § 559.715. See Fla. Stat. § 559.77. . . . However, the Complaint asserts that § 559.715 creates a condition precedent to the lawful collection . . . App. 2016) (“The plain language [of § 559.715] does not impose a bar on filing suit if notice is not . . . There is no provision contemplating dual enforcement for violations of § 559.715 as there is for the . . . In addition, the Florida legislature has not designated violations of § 559.715 as criminal in nature . . .
. . . Bank failed to comply with the condition precedent of giving notice pursuant to section 559.715, Florida . . . We reverse because section 559.715 does not create a condition precedent. . . . Bank as required by section 559.715 and failed to give notice of default as required by paragraph 22 . . . The Adamses argued that section 559.715 created a condition precedent and that U.S. . . . , it specifically argued that section 559.715 does not create a condition precedent in its memorandum . . .
. . . Section 559.715, a provision of the FCCPA, states that [t]his part does not prohibit the assignment, . . . Stat. § 559.715. . . . The principles are the same for why § 559.715 is not a condition precedent. . . . Burt, however, did not even discuss section 559.715 as a condition precedent to suit. . . . In short, Section 559.715 has no language making notice of assignment a condition precedent. . . .
. . . Lisa Guess’s motion for summary judgment on the basis that Wells Fargo failed to comply with section 559.715 . . . The notice requirement described in section 559.715, however, is not a condition precedent to foreclosure . . .
. . . Because the trial court incorrectly determined that section 559.715, Florida Statutes (2013), creates . . . as an affirmative defense that DONI had failed to comply with a condition precedent found in section 559.715 . . . Section 559.715 is part of the Florida Consumer Collection Practices Act, §§ 559.55-.785 (2013) (FCCPA . . . Because a deficiency action is not an action to collect consumer debt, section 559.715’s requirement . . . DONI was not required to give Ward notice pursuant to section 559.715 before filing a deficiency action . . .
. . . conditions precedent, specifically the notice requirements . of paragraph 22 of the mortgage and section 559.715 . . . We also note that the Ostranders’ argument for affirmance based on section 559.715, Florida Statutes . . .
. . . . § 559.715 which required Plaintiff to give Defendant written notice of the alleged Assignment.” . . . The borrower was referencing section 559.715, Florida Statutes (2012), which requires a debt creditor . . . Section 559.715, at issue in this appeal, is contained in the FCCPA, and provides as follows: This part . . . The first issue we must address is whether section 559.715 applies to mortgage foreclosure suits. . . . Having determined that section 559.715 applies to the mortgage foreclosure suit brought in this case, . . .
. . . the. mortgage regarding notice of acceleration and that Nationstar had failed to comply with section 559.715 . . . Nationstar argued that the section 559.715 and paragraph 22 defenses had been waived because they were . . . that the Youngs had not received written notice of the assignment of the debt as required by section 559.715 . . . Regarding the first issue, this court has recently held that section 559.715 is not’ “an affirmative . . . n, 183 So.3d 1215, 1216 (Fla. 2d DCA 2016) (holding that “providing the notice described in section 559.715 . . .
. . . ,e. acceleration; (2) failure to comply with a condition-precedent, i.e. notice pursuant to section 559.715 . . . show prejudice as to Appellant’s defense that it did not comply with the notice requirement in section 559.715 . . . that the Bank failed to comply with the conditions precedent contained in her mortgage and section 559.715 . . . The case law in Florida is unclear regarding section 559.715 and whether it creates a condition precedent . . .
. . . . § 559.715 (“[T]he assignee [of a consumer debt] must give the debtor written notice of such assignment . . . Stat. § 559.715. . . .
. . . WL 1122325, at *1- (Fla.2016) (rejecting borrowers’ argumént that the notice requirement of section 559.715 . . .
. . . entered in favor of Jeffrey and Melissa Hagstrom based on the trial court’s application of section 559.715 . . . We reverse the final summary judgment and remand for further proceedings because section 559.715, by . . . Section 559.715 requires no action by the creditor or the note holder. . . . Section 559.715 is inapplicable to Deutsche Bank. . . . Section 559.715 simply does not address assignment of the debt. . . . Mar. 22, 2016), regarding whether section 559.715 establishes a condition precedent to a foreclosure . . . expressed by Judge Khouzam in her dissent in Brin-dise I would conclude that the plain language of section 559.715 . . .
. . . does not have legal capacity to act as the Bank’s agent; that the Bank failed to comply with section 559.715 . . . moved for summary judgment on the bases that the Bank failed to comply with paragraph 22 and section 559.715 . . . As this court has previously held, providing the notice described in section 559.715 is pot a condition . . . holder of the note and not merely the assignee of the. right to bill 'and collect the debt, section 559.715 . . . See § 559.715 (“This part does not prohibit the assignment, by a créditor, of the right to bill and collect . . .
. . . . §§ 559.715 and 559.72, by failing to provide notice of assignment and by attempting to collect a non-legitimate . . . Stat. § 559.715, did not provide a private right of action, and their other allegations were mere recitations . . . Stat. § 559.715, and that they sent an initial communication to Hayes and Davis containing the information . . .
. . . I would hold that the plain language of section 559.715 does create a condition precedent to a foreclosure . . . Section 559.715 provides that an “assignee must give the debtor written notice of [anj assignment as . . . But that fact does not undermine the clear mandate found in section 559.715 that an assignee must give . . . Thus, I believe Burt does support the position that section 559.715 creates a condition precedent. . . . 22 notice cannot substitute for a sufficient notice under section 559.715. . . . Bank failed to give them written notice of assignment as required by section 559.715. . . . Those remedies, however, do not extend to section 559.715. . . . But, Gann does not implicate section 559.715. . . . Burt, however, did not even discuss section 559.715 as a condition precedent to suit. . . . As a matter of contract, section 559.715 is inapplicable. . . .
. . . ,] and Plaintiff failed to comply with the requirements of § 559.715[,] Fla. Stat. . . . that Deutsche Bank had failed to comply with a condition precedent the court construed from section 559.715 . . . Stat. 559.715.” . . . Section 559.715, Florida Statutes (2010), titled'“Assignment of consumer debts,” is part of the Florida . . . Assuming, as. the trial court did, that section 559.715 imposed a condition precedent to Deutsche Bank . . .
. . . For example, the Amstones argued failure-' "to comply with- section 559.715, Florida Statutes (2008); . . . Plaintiff do not touch on, including a failure to provide Notice of Assignment under Florida Statute 559.715 . . .
. . . See §§ 559.715; 559.72, Fla. Stat. (2010). . . . Ramos asserted two claims arising from CACH’s alleged violation of the notice provision in section 559.715 . . . Absent an indication of legislative intent to create a private cause of action for a violation of § 559.715 . . . The plaintiff attempts to avoid the statutory scheme by alleging that CRS’s violation of section 559.715 . . . Thus, the 2010 changes to section 559.715 merely changed when notice is due; the changes did not create . . .
. . . Specifically, § 559.715 of the Florida Statutes provides: § 559.715. . . . Stat. § 559.715. . . . The Debtor’s Objection to Claim involves HSBC’s compliance with § 559.715 of the Florida Statutes. . . .
. . . notice from H&K or its predecessors in interest that the debt had been assigned as required by section 559.715 . . .
. . . United, N.A. failed to notify the Wanes of the assignment of the debt pursuant to Florida Statute § 559.715 . . .
. . . response an argument regarding CACH’s alleged failure to provide a notice of debt assignment pursuant to § 559.715 . . .
. . . . § 559.715, which states: This part does not prohibit the assignment, by a creditor, of the right to . . . Defendant argues that the letter served as the notice required under section 559.715, informing Plaintiff . . . parties are in agreement that the issue of whether a letter sent by a debt collector under section 559.715 . . . The parties’ generous attention on section 559.715, however, is misplaced. . . . Defendant’s request that the Court hold that the letter’s compliance with section 559.715 bars Plaintiffs . . .
. . . . § 559.715, and that, therefore, its collection attempts constitute a collection of debt that cannot . . . Stat. § 559.715, the Court finds Ms. . . . Stat. § 559.715 would also violate the relevant provisions of the FDCPA. D. . . .
. . . consumer debts without first registering as a Florida debt collector (¶ 42) and failed to comply with § 559.715 . . .