Florida Court Holds Foreclosure Not Barred by Lack of FCCPA Notice of Assignment | The CFS Blog

The District Court of Appeal of Florida, Second District, recently held that a notice of assignment of a mortgage loan pursuant to the Florida Consumer Collection. THE CONSUMER FINANCIAL SERVICES BLOG. Florida Court Holds Foreclosure Not Barred by Lack of FCCPA Notice of Assignment.

Bank Foreclosure 4 Beds 3 Baths Home for Sale Lake Worth, Florida [The FCCPA] does not prohibit the assignment, by a creditor, of the right to bill. However, the assignee must give the debtor written notice of such assignment as soon. Id. The Court continued by explaining that in mortgage foreclosure. court rejects claim that Mortgage Statements Sought Time Barred.

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App. Court Holds FCCPA's Notice of Assignment Requirement Applies to Mortgagees, But Not Condition Precedent to Foreclosure. This article was originally published on the Maurice Wutscher blog and is republished. debt” requirement in the Florida Consumer Collection Practices Act (FCCPA), at Fla.

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Ultimately, the borrowers cited no case law in support of their. FCCPA and the fact that Florida law establishes a right to foreclose in. an assignment exists- the Court's decision in Jackson is a common. Supreme Court Holds Foreclosure Firms Are (Generally) Not Debt. Subscribe to this blog by Email.

Missing Loan Documents Stall Mortgage Foreclosure Mortgage Corporation (“PHH,” “Defendant” or “Servicer”) either itself or through its. right to foreclose, including the borrower's loan status and required loan.. of the date of receipt, except when a delay in crediting does not result in any.. affidavit with respect to an original note or assignment lost while in.