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On October 16, 2019, the Second District Court of Appeal in U.S. Bank v. Sturm, held that a demand letter can include amounts that accrued more than five years earlier. In reaching this conclusion, the Second District Court of Appeal relied on Grant v. Citizens Bank, N.A., 263 So. 3d 156, 157 (Fla. 5th DCA 2018) (en banc) (receding from Diamond and Velden v. Nationstar Mortg., LLC, 234 So. 3d 850 (Fla. 5th DCA 2018) ). In Grant, the Fifth District rejected the argument that a foreclosing Plaintiff could not recover damages for defaults that occurred more than five years prior to the filing of the action. *This case is not yet final, and subject to rehearing.*
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