Lupoff v. Hartog

MacMILLAN, HUGH, Associate Judge.

This appeal involves the propriety of applying the forfeiture provisions to a balloon mortgage as defined in F.S. Section 697.05, F.S.A. The question for resolution is whether the facts of this mortgage transaction warrant the application of the forfeiture provisions under Section 697.05 (4), so as to preclude interest and attorneys’ fees because the following language was not printed or clearly stamped on the mortgage pursuant to 697.05(2) (a):

“This is a balloon mortgage and the final payment or the balance due upon maturity is -, together with accrued…