| FL - Late Payment Defense
Check your state case law too: Quote: |
Accepting late payments can constitute a waiver of enforcing one's rights under a stipulated agreement. CJ Restaurant Enterprises, Inc. v. FMS Management Systems, Inc., 699 So.2d 252 (Fla. 3d DCA 1997). The Court noted : "There is an established body of Florida case law that a creditor may conduct itself in such a manner that it either waives its right to declare a contract in default or is estopped from doing so without first giving the debtor notice of its intent to declare a default." This is a defense that should be considered in a lot of mortgage and lien foreclosure cases.
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