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.
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