U.S. Bank, N.A. v. Adams

SILBERMAN, Judge.

In this residential foreclosure action, U.S. Bank seeks review of a final summary judgment in favor of the defendants, Robert and Sheilah Adams. The summary judgment was based on the Adamses’ argument that U.S. Bank failed to comply with the condition precedent of giving notice pursuant to section 559.715, Florida Statutes (2013), of the Florida Consumer Collection Practices Act. We reverse because section 559.715 does not create a condition precedent. In so doing, we reject two alternate bases for affirmance presents ed by the Adamses regarding U.S. Bank’s alleged failure to…