Let’s be clear about what is occurring all across this state….Florida’s entire court system is turning against consumers, and against any real defenses of challenges to the overarching power of the banks and corporations.
The latest example comes out of Florida’s Second District Court of Appeals where they destroyed one of the last remaining defenses to foreclosure:
Brendan and Suzanne Brindise appeal a final foreclosure judgment. They
raise but one issue—one that may be of first impression in the district courts of appeal.
They claim that the trial court erroneously entered final judgment because, prior to filing
suit, U.S. 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). According to the Brindises, such notice was a condition precedent to
suit. The Brindises posit that U.S. Bank’s failure of pleading and proof on this issue
barred foreclosure. We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). We affirm
the final foreclosure judgment. In doing so, we hold only that providing the notice
described in section 559.715 is not a condition precedent to foreclosure.