Fla. App. Court (2nd DCA) Rules Florida’s Notice of Assignment of Debt Does Not Apply to Deficiency Actions


The District Court of Appeal of Florida, Second District, recently held that section 559.715 of the Florida Consumer Collection Practices Act (FCCPA) does not create a condition precedent that an assignee of a mortgage loan debt must give notice to the consumer 30 days before filing an action seeking a deficiency judgment. A copy of the opinion in Dyck O’Neal, Inc. v. Kami Ward is available at: Link to Opinion. A borrower defaulted on her mortgage loan and the property was foreclosed upon and sold at a foreclosure sale.