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Florida Statute 559.715 | Lawyer Caselaw & Research
F.S. 559.715 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 559.715

The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 559
REGULATION OF TRADE, COMMERCE, AND INVESTMENTS, GENERALLY
View Entire Chapter
F.S. 559.715
559.715 Assignment of consumer debts.This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default.
History.s. 1, ch. 89-69; ss. 6, 13, ch. 93-275; s. 3, ch. 2010-127.

F.S. 559.715 on Google Scholar

F.S. 559.715 on Casetext

Amendments to 559.715


Arrestable Offenses / Crimes under Fla. Stat. 559.715
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 559.715.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DYCK- O NEAL, INC. v. LANHAM,, 264 So. 3d 1115 (Fla. App. Ct. 2019)

. . . 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 . . .

NATIONAL COLLEGIATE STUDENT LOAN TRUST v. LIPARI,, 224 So. 3d 309 (Fla. Dist. Ct. App. 2017)

. . . 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); . . .

N. PETERS a k a N. n k a v. BANK OF NEW YORK MELLON, f k a, 227 So. 3d 175 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

VALLE, v. FIRST NATIONAL COLLECTION BUREAU, INC., 252 F. Supp. 3d 1332 (S.D. Fla. 2017)

. . . 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 . . .

U. S. BANK, N. A. FOR RFMSI v. A. ADAMS, C., 219 So. 3d 211 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

WRIGHT, A. v. DYCK- O NEAL, INC. C. P. l., 237 F. Supp. 3d 1218 (M.D. Fla. 2017)

. . . 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. . . .

WELLS FARGO BANK, N. A. v. G. GUESS S., 213 So. 3d 1014 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

DYCK O NEAL, INC. v. WARD,, 216 So. 3d 664 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

JPMORGAN CHASE BANK, N. A. v. D. OSTRANDER C., 201 So. 3d 1281 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

BANK OF AMERICA, N. A. BAC LP, f k a LP, v. C. SIEFKER a k a CCM, 201 So. 3d 811 (Fla. Dist. Ct. App. 2016)

. . . . § 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, . . .

A. YOUNG E. Sr. v. NATIONSTAR MORTGAGE, LLC,, 205 So. 3d 790 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

G. MORGAN, v. BANK OF NEW YORK MELLON, f k a CWALT, 200 So. 3d 792 (Fla. Dist. Ct. App. 2016)

. . . ,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 . . .

ARENCIBIA, v. MORTGAGE GUARANTY INSURANCE CORPORATION, a, 659 F. App'x 564 (11th Cir. 2016)

. . . . § 559.715 (“[T]he assignee [of a consumer debt] must give the debtor written notice of such assignment . . . Stat. § 559.715. . . .

NATIONSTAR MORTGAGE, LLC, v. H. SUMMERS D., 198 So. 3d 1162 (Fla. Dist. Ct. App. 2016)

. . . WL 1122325, at *1- (Fla.2016) (rejecting borrowers’ argumént that the notice requirement of section 559.715 . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. L. HAGSTROM R., 203 So. 3d 918 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

BANK OF NEW YORK MELLON, v. A. WELKER Co., 194 So. 3d 1078 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

M. HAYES, Y. v. U. S. BANK NATIONAL ASSOCIATION, JP N. A. LLC, P. I., 648 F. App'x 883 (11th Cir. 2016)

. . . . §§ 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 . . .

BRINDISE v. U. S. BANK NATIONAL ASSOCIATION,, 183 So. 3d 1215 (Fla. Dist. Ct. App. 2016)

. . . 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. . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, As v. QUINION,, 198 So. 3d 701 (Fla. Dist. Ct. App. 2016)

. . . ,] 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 . . .

K. AMSTONE a k a B. v. BANK OF NEW YORK MELLON f k a FHAMS By a, 182 So. 3d 804 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

RAMOS v. CACH, LLC,, 183 So. 3d 1149 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

IN RE HANSON, III, III, v. HSBC USA, N. A. R. P. L., 525 B.R. 791 (Bankr. M.D. Fla. 2015)

. . . 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. . . .

BURT, v. HUDSON KEYSE, LLC,, 138 So. 3d 1193 (Fla. Dist. Ct. App. 2014)

. . . notice from H&K or its predecessors in interest that the debt had been assigned as required by section 559.715 . . .

WANE v. LOAN CORPORATION,, 926 F. Supp. 2d 1312 (M.D. Fla. 2013)

. . . United, N.A. failed to notify the Wanes of the assignment of the debt pursuant to Florida Statute § 559.715 . . .

A. STROUD, v. BANK OF AMERICA,, 886 F. Supp. 2d 1308 (S.D. Fla. 2012)

. . . response an argument regarding CACH’s alleged failure to provide a notice of debt assignment pursuant to § 559.715 . . .

PARKER, v. MIDLAND CREDIT MANAGEMENT, INC., 874 F. Supp. 2d 1353 (M.D. Fla. 2012)

. . . . § 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 . . .

ERICKSON, v. GENERAL ELECTRIC COMPANY, LLC, LLC, LLC,, 854 F. Supp. 2d 1178 (M.D. Fla. 2012)

. . . . § 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. . . .

S. TRENT, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 618 F. Supp. 2d 1356 (M.D. Fla. 2007)

. . . consumer debts without first registering as a Florida debt collector (¶ 42) and failed to comply with § 559.715 . . .