Florida Statutes
Fla. Stat. § 559.715 (2025)
Assignment of consumer debts.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 34
cases (1 in the last 5 years), 2007–2023 · leading case: Brindise v. U.S. Bank Nat'l Ass'n, 183 So. 3d 1215 (Fla. 2d DCA 2016).
Brindise v. U.S. Bank Nat'l Ass'n, 183 So. 3d 1215 (Fla. 2d DCA 2016). “Bank National Association, the holder of the note, failed to give them written notice of the assignment of their mortgage loan as required by section 559.715, Florida Statutes (2012).”
Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016). “We reverse the final summary judgment and remand for further proceedings because section 559.715, by its clear language, is not applicable to Deutsche Bank, the holder of the note in this case.”
Valle v. First Nat'l Collection Bureau, Inc., 252 F. Supp. 3d 1332 (S.D. Fla. 2017). “” The Complaint cites to Florida Statute § 559.715, which states: This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt.”
Bank of Am., N.A. v. Siefker, 201 So. 3d 811 (Fla. 4th DCA 2016). “§ 559.715, Fla. Stat. (emphasis added). Section 559.”
Deutsche Bank Nat'l Trust Co. v. Quinion, 198 So. 3d 701 (Fla. 2d DCA 2016). “The circuit court was persuaded that Deutsche Bank had failed to comply with a condition precedent the court construed from section 559.715, Florida Statutes (2014). On February 25, 2014, the circuit court entered its order of dismissal, which stated simply that “Plaintiff did…”
Wright v. Dyck-O'Neal, Inc., 237 F. Supp. 3d 1218 (M.D. Fla. 2017). “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.”
Parker v. Midland Credit Mgmt., Inc., 874 F. Supp. 2d 1353 (M.D. Fla. 2012). “Defendant’s Argument with Respect to the FCCPA Defendant’s motion to dismiss argues that the December 2010 letter was not made in connection with the collection of any debt because Defendant was required to send the letter under the FCCPA, specifically Fla. Stat. § 559.715 ,…”
Linda G. Morgan v. The Bank of New York Mellon etc., 200 So. 3d 792 (Fla. 1st DCA 2016). “Appellant’s defenses that the Bank failed to comply with the conditions precedent contained in her mortgage and section 559.715, Florida Statutes, are not futile.”
Peters v. The Bank of New York Mellon, 227 So. 3d 175 (Fla. 2d DCA 2017). “tanding to enforce the note and mortgage, asserted that the Bank’s action to reestablish the lost note was barred by the applicable statute of limitations, and claimed that the Bank had failed to comply with a condition precedent to foreclosure because it had not notified the…”
Johnnie M. Hayes v. U.S. Bank Nat'l Ass'n, 648 F. App'x 883 (11th Cir. 2016). “, based on actions taken in attempting to collect the mortgage debt from the plaintiffs; and (4) the Florida Consumer Collection Practices Act (“FCCPA”), Fla. Stat. §§ 559.715 and 559.72, by failing to provide notice of assignment and by attempting to collect a non-legitimate…”
The Bank of New York Mellon v. Welker, 194 So. 3d 1078 (Fla. 2d DCA 2016). “that the indorsement on the note is not authentic; that the, note is not a negotiable instrument because it requires actions other than the payment of money and incorporates mortgage terms; that the *1080 Bank has not established its authority to bring the action as a Trustee;…”
Nat'l Collegiate Student Loan Trust 2007-1 v. Lipari, 224 So. 3d 309 (Fla. 5th DCA 2017). “” § 559.715, Fla. Stat. (2007). In so doing, such an assignee is required to give written notice to the debtor within *311 thirty days after assignment.”
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