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The 2024 Florida Statutes
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Total Results: 20
Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-16T00:53:00-07:00
Snippet: 4th DCA 2016), we refused to construe section 559.715, Florida Statutes (2012)—which requires a creditor…alter the statutory scheme by construing section 559.715 as a condition precedent to foreclosure. Id. Moreover
Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-17T23:53:00-08:00
Snippet: timely notice of the assignment under section 559.715, Florida Statutes, and that such notice was a condition…the notice-of- assignment requirement in section 559.715 does not act as a condition precedent to bringing…a deficiency action. * We agree. Section 559.715 is part of the Florida Consumer Collection Practices…days before any action to collect the debt.” § 559.715, Fla. Stat. In Brindise v. U.S. Bank National… holding that “the notice described in section 559.715 is not a condition precedent to foreclosure.” Id
Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-04T00:00:00-07:00
Citation: 224 So. 3d 309, 2017 Fla. App. LEXIS 11272, 2017 WL 3318016
Snippet: Consumer Collection Practices Act (“FCCPA.”), section 559.715, Florida Statutes (2007), prior to filing suit.…“right to bill and collect a consumer debt.” § 559.715, Fla. Stat. (2007). In so doing, such an assignee…language, the notice requirement contained in section 559.715 does not apply to an assignee that takes all rights… So.3d 918, 921 (Fla. 2d DCA 2016) (“[Sjection 559.715 applies only to assignees of the right to bill …were retained by the assignor. Therefore, section 559.715 does not apply. Moreover, even if NOT were
Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-26T00:00:00-07:00
Citation: 227 So. 3d 175, 2017 WL 2304263, 2017 Fla. App. LEXIS 7646
Snippet: days of the assignment in accordance with section 559.715, Florida Statutes (2012). The lost note was…noncompliance with the requirements of section 559.715. The trial court entered the final judgment of …of the underlying action as required by section 559.715. Ms,.Peters’ third point is without merit.…817-18 (Fla. 4th DCA 2016) (holding that section 559.715 was applicable to the mortgage foreclosure action
Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-15T00:53:00-07:00
Snippet: Consumer Collection Practices Act (FCCPA), section 559.715, Florida Statues (2007), prior to filing suit. …collecting consumer debt that is in default. Section 559.715, Florida Statutes (2007), requires a collection… by the assignor. There is nothing in section 559.715 that would indicate that written notice of the …that the notice requirement set forth in section 559.715, Florida Statutes, was not a condition precedent… come to the same conclusion regarding section 559.715, Florida Statutes, in the case of Bank of America
Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-12T00:00:00-07:00
Citation: 219 So. 3d 211, 2017 WL 1969498, 2017 Fla. App. LEXIS 6776
Snippet: limited mention of section 559.715, it specifically argued that section 559.715 does not create a condition…precedent of giving notice pursuant to section 559.715, Florida Statutes (2013), of the Florida Consumer…Collection Practices Act. We reverse because section 559.715 does not create a condition precedent. In so doing…been assigned to U.S. Bank as required by section 559.715 and failed to give notice of default as required…summary judgment in which it argued that section 559.715 does not create a condition precedent to filing
Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-01T00:00:00-08:00
Citation: 213 So. 3d 1014, 2017 Fla. App. LEXIS 1064
Snippet: section 559.715, Florida Statutes (2012). The notice requirement described in section 559.715, however
Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-27T00:00:00-08:00
Citation: 216 So. 3d 664, 2017 WL 382386, 2017 Fla. App. LEXIS 878
Snippet: trial court incorrectly determined that section 559.715, Florida Statutes (2013), creates a condition precedent…comply with a condition precedent found in section 559.715, which provides as follows: This part does…waiting at least thirty days as required by section 559.715. The trial court agreed with Ward’s reasoning and…final summary judgment in her favor. Section 559.715 is part of the Florida Consumer Collection Practices…based on DONI’s failure to comply with section 559.715 because that section does not apply to deficiency
Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-28T00:00:00-07:00
Citation: 201 So. 3d 1281, 2016 Fla. App. LEXIS 16009
Snippet: . of paragraph 22 of the mortgage and section 559.715, Florida Statutes (2014). Paragraph 22 of the Ostranders…Ostranders’ argument for affirmance based on section 559.715, Florida Statutes (2014), has been specifically
Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-13T00:00:00-07:00
Citation: 201 So. 3d 811, 2016 Fla. App. LEXIS 15179
Snippet: violations of section 559.715 are weak, and thus, in order to give section 559.715 any effect, we must …states that Plaintiff failed to comply with F.S. § 559.715 which required Plaintiff to give Defendant written…Assignment.” The borrower was referencing section 559.715, Florida Statutes (2012), which requires a debt…zero evidence that they complied with [section 559.715] and that is a condition precedent to bringing … comply with the notice requirement of section 559.715. The court then vacated the final judgment and
Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00
Citation: 205 So. 3d 790, 2016 Fla. App. LEXIS 14453
Snippet: that Nationstar had failed to comply with section 559.715, Florida Statutes, which requires written notice…affirmative defenses. Nationstar argued that the section 559.715 and paragraph 22 defenses had been waived because… assignment of the debt as required by section 559.715 and that Nationstar had not given the Youngs written…issue, this court has recently held that section 559.715 is not’ “an affirmative defense to foreclosure …that “providing the notice described in section 559.715 is not a condition *792 precedent
Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-25T00:53:00-07:00
Snippet: argument that the notice requirement of section 559.715 of the Florida Statutes applies in foreclosure
Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-19T00:00:00-07:00
Citation: 200 So. 3d 792, 2016 Fla. App. LEXIS 14014
Snippet: condition-precedent, i.e. notice pursuant to section 559.715, Florida Statutes (2016); and (3) lack of standing… comply with the notice requirement in section 559.715 before filing suit. In its complaint, the Bank …precedent contained in her mortgage and section 559.715, Florida Statutes, are not futile.1 Rule 1.120(…case law in Florida is unclear regarding section 559.715 and whether it creates a condition precedent in
Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-09T00:00:00-07:00
Citation: 198 So. 3d 1162, 2016 Fla. App. LEXIS 13578, 2016 WL 4734312
Snippet: argumént that the notice requirement of section 559.715 of the Florida Statutes applies in foreclosure
Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-20T00:00:00-07:00
Citation: 203 So. 3d 918, 2016 Fla. App. LEXIS 11054
Snippet: and one about which section 559.715 is completely silent. Section 559.715 simply does not address assignment…filed. Section 559.715 is inapplicable to Deutsche Bank. Section 559.715 simply does not… the trial court's application of section 559.715, Florida Statutes (2011). We reverse the final …remand for further proceedings because section 559.715, by its clear language, is not applicable to Deutsche…assignment of the debt, as required by" section 559.715 and that "[a]s a
Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-29T00:53:00-07:00
Snippet: condition precedent, i.e. notice pursuant to section 559.715, Florida Statutes (2016); and (3) lack of standing… comply with the notice requirement in section 559.715 before filing suit. In its complaint, the Bank…precedent contained in her mortgage and section 559.715, Florida Statutes, are not futile. 1 Rule 1.120…case law in Florida is unclear regarding section 559.715 and whether it creates a condition precedent in
Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-24T00:00:00-07:00
Citation: 194 So. 3d 1078, 2016 Fla. App. LEXIS 9696, 2016 WL 3459014
Snippet: collect the debt, section 559.715 ‘ is inapplicable. See § 559.715 (“This part does not prohibit…agent; that the Bank failed to comply with section 559.715, Florida Statutes (2012); and that the Bank failed…failed to comply with paragraph 22 and section 559.715, both of which the Welkers asserted were conditions…splely that the Bank failed to comply with section 559.715 as a condition ■ precedent. The court granted summary…held, providing the notice described in section 559.715 is pot a condition precedent to foreclosure.
Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-20T00:00:00-08:00
Citation: 183 So. 3d 1215, 2016 Fla. App. LEXIS 653, 2016 WL 229572
Snippet: section 559.715 "action to collect a debt." But, Gann does not implicate section 559.715. In Gann…section 559.715 that it creates a condition precedent to a foreclosure suit. Section 559.715 provides…renders section 559.715 inapplicable as a matter of contract law. But section 559.715 does not require… section 559.715. For all of these reasons, I would hold that section 559.715 creates a… of their mortgage loan as required by section 559.715, Florida Statutes (2012). According to the Brindises
Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-15T00:00:00-08:00
Citation: 198 So. 3d 701, 2016 Fla. App. LEXIS 561, 2016 WL 166648
Snippet: Plaintiff failed to comply with the requirements of § 559.715[,] Fla. Stat. The litigation proceeded to …condition precedent the court construed from section 559.715, Florida Statutes (2014). On February 25, 2014,…that “Plaintiff did not comply with Fla. Stat. 559.715.” The court dismissed Deutsche Bank’s complaint…So.2d 151, 153 (Fla. 2d-DCA 2007). Section 559.715, Florida Statutes (2010), titled'“Assignment…Assuming, as. the trial court did, that section 559.715 imposed a condition precedent to Deutsche Bank’
Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-06T00:00:00-08:00
Citation: 182 So. 3d 804, 2016 Fla. App. LEXIS 182, 2016 WL 56696
Snippet: argued failure-' "to comply with- section 559.715, Florida Statutes (2008); failure to post ■ a &…provide Notice of Assignment under Florida Statute 559.715, a failure to post bond under Chapter 57....