On December 6, 2019, the Fifth District Court of Appeal of Florida in U.S. Bank Trust, N.A. v. Leigh, 44 Fla. L. Weekly D2914a, Case No. 5D17-2967 (December 6, 2019), held that a “default/demand letter can include amounts that are more than five years past due when the letter is sent.” This holding was basing on the evolving case law, including citing to Grant v. Citizens Bank, National Ass'n, 263 So. 3d 156, 158 (Fla. 5th DCA 2018), which “clearly states that a lender can recover for unpaid installments more than five years past due.” Accordingly, the Fifth District Court of Appeal was compelled to reverse and remand and direct the trial court to enter judgment in favor of U.S. Bank.
Contact Marissa Yaker, Esq. here.
PLG BLOG DISCLAIMER
The information contained on this blog shall not constitute legal advice or a legal opinion. The existence of or review and/or use of this blog or any information hereon does not and is not intended to create an attorney-client relationship. Further, no information on this blog should be construed as investment advice. Independent legal and financial advice should be sought before using any information obtained from this blog. It is important to note that the cases are subject to change with future court decisions or other changes in the law. For the most up-to-date information, please contact Padgett Law Group (“PLG”). PLG shall have no liability whatsoever to any user of this blog or any information contained hereon, for any claim(s) related in any way to the use of this blog. Users hereby release and hold harmless PLG of and from any and all liability for any claim(s), whether based in contract or in tort, including, but not limited to, claims for lost profits or consequential, exemplary, incidental, indirect, special, or punitive damages arising from or related to their use of the information contained on this blog or their inability to use this blog.
THIS BLOG IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.