Chowdhury v. BankUnited, N.A.
Guarantors appealed a final summary judgment enforcing two personal guaranties and rejecting their counterclaim for breach of fiduciary duty against the lender. The Third District affirmed, holding that a lender's refusal to accept or negotiate a commercially unreasonable third-party purchase offer (half the outstanding debt, conditioned on release of the guaranties) could not constitute a breach of any fiduciary duty, and that the wife's guaranty was supported by consideration in the form of the bank's written consent to a 50% ownership transfer.
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