Cape Coral Loan Acquisitions, LLC v. 924 Del Prado, LLC
Borrowers who had signed a settlement agreement promising not to "assert any defenses of any nature whatsoever" to the lender's enforcement of the loan documents nevertheless obtained summary judgment on statute-of-limitations grounds in the lender's foreclosure suit. The Sixth DCA reversed, holding that because the statute of limitations is an affirmative defense, the plain, unambiguous waiver language in the settlement agreement barred its assertion.
Key facts
- Borrowers defaulted on a loan and entered into a settlement agreement with lender Cape Coral Loan Acquisitions, LLC that contained language prohibiting them from asserting 'any defenses of any nature whatsoever' to the lender's enforcement of the loan documents.
- When the lender subsequently filed a foreclosure suit, the borrowers obtained summary judgment based on the statute of limitations defense, claiming the lender's action was time-barred.
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Why it matters
The opinion supplies Sixth DCA authority that a broadly worded contractual defense waiver in a workout or settlement agreement extinguishes a statute-of-limitations defense to later enforcement — useful for lenders and… — full analysis with a trial
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