Impairment Of Collateral

22 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Fed. Deposit Ins. Corp. v. First Nat'l Fin. Co.
  587 F.2d 1009· 9th Cir.· 1978-12-12 ·cited 42×
  Appellants are estopped from asserting the defense of a secret agreement not to enforce the promissory notes, as they participated in a scheme that misrepresented the bank's assets.
• Annegret von Dunser v. Se. First Nat'l Bank OF Miami
  367 So. 2d 1094· Fla. 3d DCA· 1979-02-27 ·cited 28×
  Annegret von Dunser guaranteed two promissory notes executed by her estranged husband. When the bank sued both parties, von Dunser challenged the summary judgment on grounds that the guaranty lacked consideration and that the bank impaired collateral without her consent. The cour
• United States v. Meadors
  753 F.2d 590· 7th Cir.· 1985-01-24 ·cited 23×
  The court held that the appellant's signature on the guaranty lacked consideration because it was not bargained for, requested, or relied upon by the SBA, and therefore the guaranty is not enforceable on that basis. However, the court reversed and remanded on the issue of interes
• Warner v. Caldwell
  354 So. 2d 91· Fla. 3d DCA· 1977-12-27 ·cited 18×
  Wachovia Realty Investments sued guarantors of two construction loan notes after the underlying project defaulted. The Florida appellate court affirmed a jury verdict exonerating the guarantors, finding that the lender had materially altered the loan terms and security without th
• First City Bank, N.A. v. AIR Capitol Aircraft Sales, Inc.
  820 F.2d 1127· 10th Cir.· 1987-06-19 ·cited 17×
  The court held that the district court properly denied the motion to dismiss for lack of personal jurisdiction, did not abuse its discretion in denying leave to amend the answer, and correctly refused to instruct the jury on impairment of collateral.
• United States v. Vahlco Corp.
  800 F.2d 462· 5th Cir.· 1986-09-19 ·cited 15×
  An "absolute and unconditional" guaranty under Texas law does not preclude the guarantor from asserting suretyship defenses based on alterations to the underlying debt, unless there is an express waiver.
• Vann v. Citicorp Savings OF Illinois
  891 F.2d 1507· 11th Cir.· 1990-01-16 ·cited 11×
  The appeal is dismissed for lack of jurisdiction because the district court's order did not resolve all claims as to all parties, rendering it non-final under Federal Rule of Civil Procedure 54(b).
• Peacock v. Farmers & Merchs. Bank
  454 So. 2d 730· Fla. 1st DCA· 1984-08-17 ·cited 11×
  Homeowners who personally guaranteed loans to their company appealed a foreclosure judgment on their residence and other personal property. The court affirmed the foreclosure, rejecting their claims that the bank impaired collateral, materially altered notes, and violated their r
• Gordon v. Flamingo Holding P'ship
  624 So. 2d 294· Fla. 3d DCA· 1993-08-17 ·cited 10×
  Robert Gordon sold his Caribbean Towers property with a purchase money mortgage and later sought foreclosure when the mortgagor transferred development rights from the mortgaged property to an adjacent property without his knowledge or consent, significantly impairing the collate
• Sw. Fla. Prod. Credit Ass'n v. Klaus Schirow and Marita J. Schirow
  388 So. 2d 338· Fla. 4th DCA· 1980-09-24 ·cited 10×
  The court held that Fla. Stat. § 673.606(1) applies to a co-maker of a note, allowing discharge for unjustifiable impairment of collateral.
• Alvaro Gorrin, Jr. v. Poker RUN Acquisitions, Inc.
  77 So. 3d 739· Fla. 3d DCA· 2011-11-23 ·cited 6×
  A guarantor may challenge a lender's conduct that impairs the guarantor's interests unless the guaranty agreement contains an express waiver of such duties, and general language stating the guaranty is unconditional or that the lender's acts will not affect the guaranty is insuff
• Fed. Deposit Ins. Corp. v. Blanton
  918 F.2d 524· 5th Cir.· 1990-12-06 ·cited 4×
  The court held that the FDIC's sale of securities on recognized markets did not require notice to the debtor, and defects in foreclosure sales of real property entitled the debtor to a credit for fair market value, not full discharge.
• Worthen Bank & Tr. Co., N.A. v. Utley
  748 F.2d 1269· 8th Cir.· 1984-11-28 ·cited 4×
  The court held that the jury's award for Worthen Bank was not supported by substantial evidence and reversed that portion of the judgment, and also reversed the jury's award on Utley's counterclaim for lack of substantial evidence. The court affirmed Utley's liability as guaranto
• Horst Biersack v. Oaks Renting, Inc.
  606 So. 2d 439· Fla. 2d DCA· 1992-10-02 ·cited 2×
  Biersack appeals a summary judgment for Oaks Renting on a promissory note underlying a wraparound mortgage for real property. Because the parties stipulated that Oaks was not a holder in due course, the court holds that Biersack's affirmative defenses—including estoppel, waiver,
• Fed. Deposit Ins. Corp. v. Nobles
  901 F.2d 477· 5th Cir.· 1990-05-21 ·cited 2×
  The terms of a guaranty contract can preclude a guarantor from arguing that the creditor breached a duty of good faith by failing to perfect its security interest in collateral.
• Cleeveley v. Fla. City Magazines, Inc.
  486 So. 2d 81· Fla. 2d DCA· 1986-04-09 ·cited 2×
  A creditor's unjustifiable impairment of collateral without the guarantor's consent discharges the guarantor to the extent of the loss, even under an unconditional guarantee of payment.
• Depositors Tr. Co. v. Slobusky
  692 F.2d 205· 1st Cir.· 1982-11-08 ·cited 2×
  The court held that the district court did not err in excluding evidence of a pretrial agreement not raised in the pleadings and did not err in finding the defendant liable on the note despite prior jury instructions that suggested exhaustion of claims against another party was r
• Univ. Bank & Tr. Co. v. Dunton
  655 F.2d 23· 1st Cir.· 1981-07-24 ·cited 2×
  A bank's application of collateral securing a guaranteed loan to subsequent, unguaranteed loans, without the guarantor's consent, discharges the guarantor's liability.
• ST. Paul Fire & Marine Ins. Co. & Boston Ins. Co. v. Commodity Credit Corp.
  646 F.2d 1064· 5th Cir.· 1981-06-04 ·cited 2×
  Sureties are discharged from their obligations on bonds when the creditor impairs collateral or fails to disclose material risks unknown to the surety.
• Standard Gen. L.P. v. DOV Charney
  Del. Ch.· 2017-12-19
  The Court granted Standard General's motion for judgment on the pleadings, holding that the Agreements were valid and enforceable when entered into and that Charney breached provisions triggering an event of default under the Notes. The Court found Charney's affirmative defenses
• Boneh, Inc. v. Daly
  743 So. 2d 542· Fla. 3d DCA· 1999-07-14
  Boneh, Inc., a drywall subcontractor, sought to recover from Thomas Daley, the personal guarantor of a promissory note, after the general contractor defaulted. The court affirmed judgment for Daley, holding that Boneh's release of its mechanic's lien and failure to refile it afte
• Stan Baumann v. Savers Fed. Sav. & Loan Assoc. & Resolution Tr. Corp.
  934 F.2d 1504· 11th Cir.· 1991-07-09
  The Resolution Trust Corporation (RTC) can raise the D'Oench doctrine for the first time on appeal, even though it was not raised in the trial court, because the RTC had no opportunity to do so as it was not a party at that stage.