Hatadis v. Achieva Credit Union, ___ So. 3d ___, 40 Fla. L. Weekly D562 (Fla. 2d DCA March 4, 2015)
The borrowers contended that the lender was not entitled to foreclose because paragraph 22 of their mortgage entitled them to cure within thirty days after notice of default, but the lender’s notice stated that it had already accelerated and required immediate cure. The trial court ruled that the borrowers waived compliance with paragraph 22 by entering into a forbearance agreement, which required interest only payments for a six month period and waived the borrowers’ right to notice of default. The appellate court reversed because the borrowers fully performed their obligations under the forbearance agreement almost two years before notice of acceleration was provided, and the waiver applied only to the period while the forbearance agreement was in effect.
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