Select Portfolio Servicing, Inc. v. Worobec
Docket: No. 5D14-4022
Court: District Court of Appeal of Florida; December 3, 2015; Florida; State Appellate Court
Select Portfolio Servicing, Inc. (SPS) appealed a trial court’s June 6, 2014, order dismissing its foreclosure action against Robert Worobee, as well as an October 1, 2014, order denying SPS’s motion to vacate the dismissal. The trial court found that SPS's complaint was filed in violation of the automatic stay resulting from Worobee's prior bankruptcy filing. Legal precedent establishes that actions taken in violation of an automatic stay are void, regardless of any lack of actual notice of the stay. The court cited McMahon v. Ryan and other relevant cases to support this conclusion. Consequently, the dismissal of SPS’s action was affirmed, but the ruling allows SPS the opportunity to file a new foreclosure suit in the future. The decision was concurred by Judges Berger and Edwards. Worobee was discharged from bankruptcy on August 19, 2014.