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Old Republic Insurance Company v. Lee

District Court of Appeal of Florida

507 So. 2d 754 (1987)

Facts

Old Republic Insurance Company (Old Republic) (plaintiff) issued a mortgage to William Lee (defendant). The mortgage was secured by a promissory note that provided for monthly payments. After Lee failed to make payments in March and April, Old Republic declared the note to be in default. Lee was notified that Old Republic was declaring the mortgage to be in default and was exercising the right to acceleration by demanding immediate payment of the entire unpaid balance on the note. The following month, Lee attempted to tender payment for the overdue months of March, April, and May. Old Republic refused to accept Lee’s check and instituted foreclosure proceedings in trial court. Lee filed a motion to reinstate the mortgage, arguing that reinstatement was appropriate based on his payment of the three months’ arrears. The trial court granted Lee’s motion to reinstate. Old Republic appealed.

Rule of Law

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Issue

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Holding and Reasoning (Upchurch, C.J.)

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