BAC INTERNATIONAL CREDIT CORP., APPELLANT,
v.
JOSE MACIA AND JENNIFER MACIA, ET AL., APPELLEES
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The court held that a settlement agreement, once agreed upon and clear in its terms, should be enforced as written, even if a party later seeks leniency.
BAC International Credit Corp. settled a mortgage foreclosure action with Jose and Jennifer Macia. The settlement included a payment schedule, and sti…
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COPE, Judge.
BAC International Credit Corp. appeals an order refusing to enforce a settlement agreement. We reverse.
BAC made a mortgage loan of $725,000 to appellees Jose and Jennifer Macia. In 1991 the lender brought a foreclosure action against the borrowers. In 1992 the parties agreed to settle the action. The Agreed Order of Settlement set forth a detailed payment schedule. The settlement provided that if the payments were not made when due, an agreed final judgment of foreclosure would be entered against the borrowers. The circuit court entered the Agreed Order of Settlement and retained jurisdiction to enforce it.
Nine months later, the borrowers failed to make one of the required payments. The trial court refused to enforce the settlement, apparently reasoning that the borrowers should be given more time notwithstanding the terms of the agreement.*
“[Sjettlements are highly favored and will be enforced whenever possible.” Robbie v. City of Miami 469 So. 2d 1384, 1385 (Fla.1985) (citations omitted). The terms of the settlement here are clear and unambiguous. See Federal Home Loan Mortgage Corp. v. Molko, 602 So. 2d 983 (Fla. 3d DCA 1992). The lender had agreed to forbear from proceeding with its pending foreclosure action, so long as payments were made in accordance with the specifically agreed schedule. In our view the settlement should have been enforced in accordance with its terms. Accordingly, the order under review is reversed and the cause remanded with directions to enter judgment for the appellant.
*
The borrowers eventually tendered the payment six weeks late. The lender refused to accept the payment. The trial court ordered the lender to accept the payment, noting that such order was without prejudice to the lender’s right to seek enforcement of the settlement agreement.
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SUN Microsystems OF Cal., Inc. v. Eng'g & Mfg. Sys., 682 So. 2d 219 (Fla. 3d DCA 1996)…rvation of jurisdiction to enforce this agreement, the lower court erred in choosing to dismiss this action rather than resolving the portions of the settlement agreement which are at issue between the parties. See BAC Intern. Credit Corp. v. Macia, 626 So. 2d 1037 (Fla. 3d DCA 1993); Crosby Forrest Prods., Inc. v. Byers, 623 So. 2d 565, 567 (Fla. 5th DCA 1993) (“Settlement agreements are highly favored and once entered, are binding upon the parties and the courts.”) (citation omitted). Accordingly, we revers…
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Andersen Windows, Inc. v. Hochberg, 997 So. 2d 1212 (Fla. 3d DCA 2008)…forced as written. See Spiegel, 834 So. 2d at 297; see also Gomes v. Boatarama, Inc., 963 So. 2d 869, 869 (Fla. 3d DCA 2007) (reversing where trial court deviated from express terms of parties’ settlement agreement); BAC Int’l Credit Corp. v. Macia, 626 So. 2d 1037, 1038 (Fla. 3d DCA 1993) (concluding that a “settlement should be enforced in accordance with its terms”). As to the testing of the Hochberg home’s windows, the only statement in the parties’ agreement clearly and unambiguously provides that testin…
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Morales v. Metro. Dade Cnty., 652 So. 2d 925 (Fla. 3d DCA 1995)…was entered into in order to resolve environmental violations existing on Ms. Morales’ property. We agree with the County that the agreement must be interpreted in accordance with its terms and underlying intent. See BAC Int’l Credit Corp. v. Macia, 626 So. 2d 1037 (Fla. 3d DCA 1993). It is clear that Ms. Morales took a number of the steps which were called for by the agreement. However, at the evidentiary hearing below the trial court concluded that Ms. Morales had not completed her obligations under the agre…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Robbie v. City OF Miami, 469 So. 2d 1384 (Fla. 1985)
- Fed. Home Loan Mortg. Corp. v. Molko, 602 So. 2d 983 (Fla. 3d DCA 1992)