Legal Opinion · Dissent

Brindise v. U.S. Bank National Association

District Court of Appeal of Florida

Decided January 20, 2016No. 2D14-3316Published

1DissentKhouzam, Judge

I would hold that the plain language of section 559.715 does create a condition precedent to a foreclosure suit. Therefore, in my view, U.S. Bank was required to give the Brindises written notice that it *1222had become the holder of the note through assignment at least thirty days before filing a foreclosure complaint against them. Accordingly, I would reverse the final foreclosure judgment in this case.

“[T]he polestar of statutory construction [is the] plain meaning of the stathte at issue.” Dep’t of Transp. v. Mid-Peninsula Realty Inv. Grp., LLC, 171 So.3d 771, 776 (Fla. 2d DCA 2015) (second…

2Cases cited11 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Reese v. Ellis, Painter, Ratterree & Adams, LLPCourt of Appeals for the Eleventh Circuit · 2012
  3. Lawrence Glazer v. Chase Home Finance, LLCCourt of Appeals for the Sixth Circuit · 2013
  4. Acosta v. RichterSupreme Court of Florida · 1996
  5. Gann v. BAC Home Loans Servicing LPDistrict Court of Appeal of Florida · 2014

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