Foreclosure Fraud Continues: Dyck-O’Neal and Deficiency Judgments
Dyck-O’Neal seems to be up to the same tricks that the banks have been using for years; utilizing manufactured documents in an attempt to prove their case and comply with section 559.715, Florida Statute.
Recently, I handled a Dyck-O’Neal case where Dyck-O’Neal basically killed their entire case for a deficiency judgment with their faulty legal documents. A careful review of these documents showed that the notice of assignment of debt required by section 559.715, Florida Statute occurred before Dyck-O’Neal was assigned the debt, making the notice invalid.
In their Complaint, Dyck-O’Neal alleged that Bank of America assigned them the Judgment and Note on April 1, 2014. After the Defendant raised a defense pursuant to section 559.715, Florida Statute, Dyck-O’Neal filed an affidavit of Notice of Assignment of Debt. Basically, Dyck-O’Neal alleged, pursuant to this affidavit signed under oath, that Dyck-O’Neal provided the Defendant with notice of the assignment of the debt prior to filing the lawsuit. They even attached a copy of the letter that was provided. However, the notice they provided was dated February 2014, nearly two months prior to Dyck-O’Neal acquiring the debt. Obviously one of the documents filed by Dyck-O’Neal is inaccurate at best and fraudulent at worst.
Fortunately, Dyck-O’Neal’s faulty documents lead to a great defense for my client as it is clear that they did not comply with Fla. Stat. §559.715, which states:
559.715. Assignment of consumer debts. This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment as soon as practical after the assignment is made, but at least 30 days before any action to collect the debt. The assignee is a real party in interest and may bring an action to collect a debt that has been assigned to the assignee and is in default.
Given that the notice of assignment occurred before Dyck-O’Neal was assigned the debt, the notice is invalid, giving my client the defense of non-compliance with Florida Statute section 559.715.