Assignment of Debt Not a Condition Precedent to a Foreclosure Action; Florida Supreme Court Declines Jurisdiction In Brindise
We earlier posted a summary of the Second District Court of Appeals 2-1 decision providing that a written notice of the assignment of a debt as required under the Florida Consumer Collection Practices Act is not a condition precedent to a foreclosure action. The question was certified to the Florida Supreme Court as a question of great public importance.
Earlier today the Court declined to exercise jurisdiction over the case. Accordingly, the 2-1 decision stands as the current state of the law to the extent that the written notice of assignment of the debt as provided under the Act is not a condition precedent to a foreclosure action in the State of Florida.
The Florida Supreme Court case is BRENDAN BRINDISE, ET AL. vs. U.S. BANK NATIONAL ASSOCIATION, ETC., CASE NO.: SC16-300.