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BEGONIA CORP. v. NAM FINANCIAL CORP.

No. 97-0132.

710 So.2d 577 (1998)

BEGONIA CORPORATION, a Florida Corporation, and Philip Schwab, Appellants, v. NAM FINANCIAL CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied March 30, 1998.

Attorney(s) appearing for the Case

Charles C. Chillingworth and Jeanne O. Conway of Chillingworth & Conway, P.A., West Palm Beach, for appellant.

William L. Rogers of Barrett & Rogers, and David M. Goldstein of David M. Goldstein, P.A., Miami, for appellee.

PER CURIAM.

We affirm the final judgment of foreclosure except for the inclusion of the $138,031.45 prepayment penalty, which we reverse and remand. The general rule is that, unless otherwise specifically provided for in the note, the lender cannot upon the lender's acceleration also collect the prepayment penalty. Florida Nat'l Bank of Miami v. Bankatlantic, 589 So.2d 255,258 (Fla.1991). The court in Florida National...

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