Begonia Corp. v. Nam Financial Corp.

District Court of Appeal of Florida

Begonia Corp. v. Nam Financial Corp.

710 So. 2d 577, 1998 Fla. App. LEXIS 887, 1998 WL 39404

CourtDistrict Court of Appeal of Florida

DecidedFebruary 4, 1998

DocketNo. 97-0132

StatusPublished

Cited by2 cases

This text of 710 So. 2d 577 (Begonia Corp. v. Nam Financial Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Begonia Corp. v. Nam Financial Corp., 710 So. 2d 577, 1998 Fla. App. LEXIS 887, 1998 WL 39404 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We affirm the final judgment of foreclosure except for the inclusion of the $138,031.45 prepayment penalty, which we reverse and remand. The general rule is that, unless otherwise specifically provided for in the note, the lender cannot upon the lender’s acceleration also collect the prepayment penalty. Florida Nat’l Bank of Miami v. Bankatlantic, 589 So.2d 255, 258 (Fla.1991). The court in Florida National created a limited exception to the general rule applicable under special circumstances including an intentional default by the borrower. Id. at 259. Here, neither the pleadings nor proof establish the applicability of the exception.

GLICKSTEIN, DELL and POLEN, JJ., concur.

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PER CURIAM.

We affirm the final judgment of foreclosure except for the inclusion of the $138,031.45 prepayment penalty, which we reverse and remand. The general rule is that, unless otherwise specifically provided for in the note, the lender cannot upon the lender’s acceleration also collect the prepayment penalty. Florida Nat’l Bank of Miami v. Bankatlantic, 589 So.2d 255, 258 (Fla.1991). The court in Florida National created a limited exception to the general rule applicable under special circumstances including an intentional default by the borrower. Id. at 259. Here, neither the pleadings nor proof establish the applicability of the exception.

GLICKSTEIN, DELL and POLEN, JJ., concur.

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Bluebook (online)

710 So. 2d 577, 1998 Fla. App. LEXIS 887, 1998 WL 39404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/begonia-corp-v-nam-financial-corp-fladistctapp-1998.

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