Can the mortgagee (lender) continue the foreclosure process even if the mortgagor (borrower) catches up payments after acceleration?
Florida courts have held that If proper acceleration precedes full tender of arrears, the lender has the right to continue to foreclose upon the accelerated indebtedness, which at the time may only consist of late fees, interest and/or prepayment penalties. Courts, however, are reluctant to enforce the right to accelerate when acceleration would be inequitable and unjust. If the mortgage default was non-monetary in nature, it is likely that Florida courts would exorcise their equitable discretion in denying foreclosure.
