This decision may be a turning point where the Florida courts
are recognizing that a borrower who does not pay cannot
complain.
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), 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.
