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GEN. MORTG. ASSOC. v. CAMPOLO REALTY

No. 95-1647.

678 So.2d 431 (1996)

GENERAL MORTGAGE ASSOCIATES, INC., et al., Appellants, v. CAMPOLO REALTY & MORTGAGE CORPORATION, et al., Appellees.

District Court of Appeal of Florida, Third District.

July 31, 1996.

Attorney(s) appearing for the Case

Fowler, White, Burnett, Hurley, Banick & Strickroot and A. Rodger Traynor, Jr., Miami, for appellants.

Hellman & Maas, Coral Gables, and Julian R. Benjamin, Miami, for appellees.

Before SCHWARTZ, C.J., and LEVY and SHEVIN, JJ.

SCHWARTZ, Chief Judge.

On the authority of Florida Nat'l Bank v. Bankatlantic, 589 So.2d 255 (Fla. 1991), we conclude that, because there was no "intentional default" by the mortgagor, the trial court correctly declined to award the mortgagee a prepayment penalty—euphemistically called in this instance a "yield savings clause"—after the mortgagee both accelerated the mortgage and recovered interest at the default...

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