Wells Fargo Bank, N.A. v. Richards

2 Citing cases

  1. Romay v. Mediaset Espana Commc'n (In re Am.-CV Station Grp.)

    No. 19-16355-BKC-LMI (Bankr. S.D. Fla. Sep. 18, 2024)

    Under Florida law, a credit agreement must be in writing, express consideration, set forth the relevant terms and conditions, and be signed by both the creditor and the debtor in order to be enforceable. See Fla. Stat. §687.0304(2); Wells Fargo Bank, N.A. v. Richards, 226 So.3d 920 (Fla. 4th DCA 2017); Eboni Beauty Academy v. AmSouth Bank of Florida, 761 So.2d 481 (Fla. 5th DCA 2000). Section 687.0304 of the Florida Statutes defines credit agreements to mean "an agreement to lend or forbear repayment of money, goods, or things in action, to otherwise extend credit, or to make any other financial accommodation." Fla. Stat. §687.0304(1)(a). Mediaset argues that there are circumstances in which, under a variety of theories, Florida law will enforce a loan obligation notwithstanding the absence of a written agreement.

  2. The Cape, LLC v. Och-Ziff Real Estate Acquisitions LP

    No. 5D22-1296 (Fla. Dist. Ct. App. Sep. 15, 2023)   Cited 1 times

    "A 'loan modification agreement . . . is both an agreement which extends credit and which makes a financial accommodation,' thus implicating the Banking Statute of Frauds." Wells Fargo Bank, N.A. v. Richards, 226 So.3d 920, 922 (Fla. 4th DCA 2017) (alteration in original) (quoting Vargas v. Deutsche Bank Nat'l Tr. Co., 104 So.3d 1156, 1168 (Fla. 3d DCA 2012)).