Florida Consumer Collection Practices Act

In a Florida case of first impression, the Second District Court of Appeal ruled in a 2-1 decision that providing 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 Court analyzed the original Staff Analysis and concluded that the statute does not apply to a mortgage foreclosure. Moreover, the Court concluded that the plain reading of the statute itself does not provide specific language requiring written notice of assignment as a condition precedent to a foreclosure suit. However, the Court did certify to the Florida Supreme Court the question of whether the Notice is a condition precedent to the institution of a foreclosure lawsuit by the holder of the Note as one of great public importance. Our Creditors’ Rights attorneys here at Gibbons Neuman will keep you updated on this most important issue in the foreclosure arena. The case is Brindise v. U.S. Bank, et.al.