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Burden of Conditions Precedent
On June 22, 2020, the First District Court of Florida, in Russell v. Wells Fargo Bank, Case No. 1D18-5128, 45 Fla. L. Weekly D1495a, held that “where a Borrower raises alleged failure to satisfy conditions precedent as an affirmative defense, rather than denying allegation that Bank satisfied all conditions precedent, it was the Borrower’s burden to prove Bank failed to satisfy conditions precedent.”
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