559.715 Headed to the Florida Supreme Court
Today has been seven years in the making.
Thousands of hearings. Countless arguments throughout Florida. 51 judges who have agreed, many others who have disagreed.
The issue: Is the notice requirement set forth in Fla. Stat. 559.715 a condition precedent in a mortgage foreclosure case?
Today, a 2-1 panel of Florida’s Second District Court of Appeal ruled against me, concluding the statute does not operate as a condition precedent. Here’s a link to the opinion.
Obviously, this ruling is not what I wanted. However, this is not the end of this issue. Far from it. The court is obviously divided, as evidenced by Judge Khouzam’s strong, well-reasoned dissent. Better yet, the Second District certified the question to the Florida Supreme Court as one of great public importance. As a result, so long as the Florida Supreme Court accepts the case (which seems likely), this issue will be decided by Florida’s highest court.
Is Fla. Stat. 559.715 a condition precedent in a mortgage foreclosure case? The battle wages on.
In the meantime, don’t give up, folks. I sure ain’t. And while I can’t guarantee an outcome, one thing I know for sure: when that Oral Argument takes place in Tallahassee, probably late in 2016, nobody in the room will have worked harder on this issue or be more determined than me.