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Previously, Florida appellate courts were strictly enforcing the acceleration requirements in mortgages. In Gorel v. The Bank of New York Mellon, Case No. 5D13-3272 (Fla. 5th DCA May 8, 2015), [enhanced version available to lexis.com subscribers], a Florida appellate court has now held that the failure of a default notice to specify a date not less than 30 days by which the default must be cured does not constitute a valid defense where the defective notice did not prejudice the borrower, because he made no attempt to cure the default. The court held that absent some prejudice, the breach of a condition precedent does not constitute a defense to the enforcement of an otherwise valid contract. This decision may be a turning point where the Florida courts are recognizing that a borrower who does not pay cannot complain. That is the law in Georgia, but until now, Florida has favored the borrower.
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