Nat'l Collegiate Student Loan Trust 2007-1 v. Lipari

2 Citing cases

  1. Merrill v. Dyck-O'Neal, Inc.

    No. 18-10456 (11th Cir. Aug. 13, 2018)

    The Brindise and Siefker decisions have been followed by other courts considering the question whether § 559.715 creates a condition precedent to the collection of debt—not only in the judicial foreclosure context, but also (as relevant here) in the non-foreclosure litigation context and the non-judicial debt collection context. See Valle v. First Nat'l Collection Bureau, Inc., 252 F. Supp. 3d 1332, 1342 (S.D. Fla. 2017) (non-judicial debt collection); Wright v. Dyck-O'Neal, Inc., 237 F. Supp. 3d 1218, 1222 (M.D. Fla. 2017) (non-judicial debt collection); Peters v. Bank of New York Mellon, 227 So. 3d 175, 178 (Fla. 2d DCA 2017) (foreclosure); McCall v. HSBC Bank USA, N.A., 186 So. 3d 1134 (Fla. 1st DCA 2016) (foreclosure); Trautman v. Dyck O'Neal, Inc., 191 So. 3d 470 (Fla. 2d DCA 2016) (non-foreclosure litigation); Nat'l Collegiate Student Loan Tr. 2007-1 v. Lipari, 224 So. 3d 309, 311 (Fla. 5th DCA 2017) (non-foreclosure litigation). The issue has not yet been addressed by the Florida Supreme Court, which declined to review the Second DCA's decision in Brindise despite the appellate court's certification of the condition-precedent question.

  2. Dyck-O'Neal, Inc. v. Lanham

    264 So. 3d 1115 (Fla. Dist. Ct. App. 2019)   1 Legal Analyses

    We need not fight their fight. Even if a foreclosure suit is an effort to collect a consumer debt, several reasons compel us to conclude that the trial court did not err."); see alsoWright v. Dyck-O'Neal, Inc. , 237 F.Supp.3d 1218, 1221 (M.D. Fla. 2017) (concluding "it is irrelevant that this action stems from a deficiency judgment rather than a mortgage foreclosure" as " § 559.715 does not create a condition precedent because the Florida Legislature did not draft it that way"); cf.Merrill v. Dyck-O'Neal, Inc., 745 F. App'x. 844, 847 (11th Cir. 2018) (concluding there is no "persuasive indication" that the Florida Supreme Court would reject the Brindise line of cases and holding that section 559.715 does not create a condition precedent to debt collection); Nat'l Collegiate Student Tr. 2007-1 v. Lipari , 224 So.3d 309, 311 (Fla. 5th DCA 2017) (holding that section 559.715 does not create a condition precedent to collection of student loan debt and noting that "[t]he Legislature knows how to create a condition precedent when it so desires").We therefore reverse the order granting final summary judgment and remand for further proceedings.