JULIAN NACRON AND BERNARD SELEVAN, APPELLANTS,
v.
GENERAL AMERICAN LIFE INSURANCE COMPANY, A MISSOURI CORPORATION, APPELLEES
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Court affirmed dismissal of plaintiffs' complaint seeking recovery of prepayment penalties, holding that Section 697.06 does not apply when notes contain specific prepayment provisions and parties voluntarily agreed to the penalty terms.
Section 697.06, Florida Statutes, which prohibits prepayment penalties on notes silent as to prepayment rights, does not apply when the notes contain specific prepayment provisions and the parties voluntarily agreed to a prepayment penalty.
[1] A prepayment penalty agreed to by the parties in a note containing specific prepayment provisions is enforceable and not prohibited by Section 697.06, Florida Statutes, w…
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Join FLexlaw to unlock all legal intelligence“Any note which is silent as to the right of the obligor to prepay the note in advance of the stated maturity date may be prepaid in full by the obligor or his successor in interest without penalty.”
Section 697.06, Florida Statutes (1985), which the plaintiffs argued should apply to their notes.
Plaintiffs Nacron and Selevan paid a 10% prepayment penalty to General American Life Insurance Company to satisfy two notes and mortgages in advance o…
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PER CURIAM.
This is an appeal by the plaintiffs Julian Nacron and Bernard Selevan from a final order dismissing their complaint against the defendant General American Life Insurance Company. The complaint sought the recovery of a prepayment interest penalty which the plaintiffs paid the defendant for the privilege of satisfying, in advance of the maturity date, the outstanding principal balances due on two notes and mortgages held by the defendant.
We affirm the final order under review upon a holding that (a) Section 697.06, Florida Statutes (1985), which provides that “[a]ny note which is silent as to the right of the obligor to prepay the note in advance of the stated maturity date may be prepaid in full by the obligor or his successor in interest without penalty,” (emphasis added) is, contrary to the plaintiffs’ position, inapplicable to the notes in the instant case because each note contains specific provisions for prepayment of the note in advance of the maturity date, (b) the parties in this case voluntarily agreed that the plaintiffs could pay the defendant the outstanding principal balances due on the above notes and mortgages in advance of the maturity date for a 10% prepayment penalty, and (c) the plaintiffs therefore have no cause of action against the defendant for the recovery of the aforesaid prepayment interest penalty because the plaintiffs voluntarily agreed to pay same, and, having done so, had an enforceable obligation to live up to this agreement. Compare § 725.04, FIa.Stat. (1985).
Affirmed.
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MacINTYRE v. Hark, 528 So. 2d 1276 (Fla. 3d DCA 1988)…prepayment before the date of maturity. Consequently, the note falls outside the provisions of section 697.06, and Hark, as Kennedy’s personal representative, may not prepay the note before the sixth year, see Nacron v. General Amer. Life Ins. Co., 516 So. 2d 41 (Fla. 3d DCA 1987), unless he agrees to pay the entire balance of principal and interest. Accordingly, the order of the trial court is reversed.…