Begonia Corp. v. Nam Financial Corp.
Cases that cite this one
2 later published cases cite this decision.
- Feinstein v. New Bethel Missionary Baptist (Fla. Dist. Ct. App. 2006)
- Begonia Corp. v. Nam Financial Corp. (Fla. Dist. Ct. App. 1999)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.