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Begonia Corp. v. Nam Financial Corp.

District Court of Appeal of Florida, Fourth District
Feb 4, 1998
710 So. 2d 577 (Fla. Dist. Ct. App. 1998)

Summary

applying the general rule enunciated in Florida Nat'l

Summary of this case from Feinstein v. New Bethel Miss. Baptist

Opinion

Case No. 97-0132

Opinion filed February 4, 1998 JANUARY TERM 1998

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Moses Baker, Jr., Judge; L.T. Case No. CL 96-1729 AD.

Charles C. Chillingworth and Jeanne O. Conway of Chillingworth Conway, P.A., West Palm Beach, for appellant.

William L. Rogers of Barrett Rogers, and David M. Goldstein of David M. Goldstein, P.A., Miami, for appellee.


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.


Summaries of

Begonia Corp. v. Nam Financial Corp.

District Court of Appeal of Florida, Fourth District
Feb 4, 1998
710 So. 2d 577 (Fla. Dist. Ct. App. 1998)

applying the general rule enunciated in Florida Nat'l

Summary of this case from Feinstein v. New Bethel Miss. Baptist
Case details for

Begonia Corp. v. Nam Financial Corp.

Case Details

Full title:BEGONIA CORPORATION, a Florida Corporation, and PHILIP SCHWAB, Appellants…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 4, 1998

Citations

710 So. 2d 577 (Fla. Dist. Ct. App. 1998)

Citing Cases

Feinstein v. New Bethel Miss. Baptist

We are unable to locate a Florida case that expressly so holds, but both the Florida Supreme Court and this…

Begonia Corp. v. Nam Financial Corp.

They previously appealed the foreclosure judgment, and we affirmed it except for a prepayment penalty.…