Select Portfolio Servicing, Inc. v. Worobec

Select Portfolio Servicing, Inc. (“SPS”), appeals the trial court’s June-6, 2014; order dismissing SPS’s foreclosure action against Robert Worobee and the trial court’s October 1, 2014, order denying SPS’s motion to vacate the order of dismissal. SPS’s complaint was filed in contravention of the automatic stay arising from Worobec’s earlier filing of a petition for bankruptcy.

Actions taken in violation of an automatic stay are “void and without effect” even where there is no actual notice of the stay. McMahon v. Ryan, 964 So.2d 198, 200 (Fla. 5th DCA 2007) (quoting Borg-Warner Acceptance…