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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.
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