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Old Republic Insurance Company v. Lee

District Court of Appeal of Florida

507 So. 2d 754 (1987)

Relevant factsFree

After Lee (defendant) missed mortgage payments, Old Republic (plaintiff) declared default and exercised its acceleration clause, demanding the entire unpaid balance; only afterward did Lee attempt to tender payment covering just the overdue months, which Old Republic refused before pursuing foreclosure. The trial court granted Lee's motion to reinstate the mortgage based on his arrears payment, and Old Republic appealed.

IssueFree

Whether a mortgagor is still entitled to redeem the mortgage by paying only the arrears after the mortgage holder has already exercised its right to accelerate the debt upon default.

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