Florida Statute 687.0304 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 687
INTEREST AND USURY; LENDING PRACTICES

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F.S. 687.0304

687.0304 Credit agreements.—

(1) DEFINITIONS.—For the purposes of this section:

(a) “Credit agreement” means 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.

(b) “Creditor” means a person who extends credit under a credit agreement with a debtor.

(c) “Debtor” means a person who obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor.

(2) CREDIT AGREEMENTS TO BE IN WRITING.—A debtor may not maintain an action on a credit agreement unless the agreement is in writing, expresses consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor.

(3) ACTIONS NOT CONSIDERED AGREEMENTS.—

(a) The following actions do not give rise to a claim that a new credit agreement is created, unless the agreement satisfies the requirements of subsection (2):

1. The rendering of financial advice by a creditor to a debtor;

2. The consultation by a creditor with a debtor; or

3. The agreement by a creditor to take certain actions, such as entering into a new credit agreement, forbearing from exercising remedies under prior credit agreements, or extending installments due under prior credit agreements.

(b) A credit agreement may not be implied from the relationship, fiduciary, or otherwise, of the creditor and the debtor.

History.—s. 1, ch. 89-130.

F.S. 687.0304 on Google Scholar

F.S. 687.0304 on Casetext

Amendments to 687.0304

Arrestable Offenses / Crimes under Fla. Stat. 687.0304

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 687.0304.

Annotations, Discussions, Cases:

Cases Citing Statute 687.0304

Total Results: 20

THE CAPE, LLC AND RIVERVIEW ALF OPERATOR vs OCH-ZIFF REAL ESTATE AQUISITIONS, LP N/K/A SCULPTOR CAPITAL INVESTMENTS, LLC AND RIVERVIEW BUYER, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-15T00:00:00-07:00

Snippet: and is signed by the creditor and the debtor.” § 687.0304(2), Fla. Stat. (2021). This includes an “agreement…installments due under prior credit agreements.” § 687.0304(3)3., Fla. Stat. (2021). “A ‘loan modification

GIULIANA LLANSO v. SHEDDF2-FL3, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-18T00:53:00-07:00

Snippet: 2 appellant’s breach of contract action. § 687.0304(2), Fla. Stat. (2017); Bloch v. Wells Fargo Home

WELLS FARGO BANK, N.A. v. LARRY M. RICHARDS

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 226 So. 3d 920

Snippet: Florida did in 1989 with the enactment of section 687.0304, Florida Statutes. The purpose of these statutes…ability to sue creditors.” Id. Section 687.0304(2) provides that “[a] debtor may not maintain … to make any other financial accommodation.” § 687.0304(1)(a). A “loan modification agreement ... is both…imposing the requirement of a writing under section 687.0304(2) to memorialize agreements and to separate negotiations…not “in writing,” which is prohibited by section 687.0304(2). Used offen *924 sively, the motion

Ocwen Loan Servicing, LLC v. Jean Marie Delvar a/k/a Jean Delvar

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-09T00:00:00-08:00

Citation: 180 So. 3d 1190

Snippet: Statutes of Frauds in effect in Florida: section 687.0304, Florida Statutes (2013), which has been referred

Swinton v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-05T00:00:00-07:00

Citation: 125 So. 3d 956

Snippet: PER CURIAM. Affirmed. See § 687.0304, Fla. Stat. (2012). GROSS, FORST, JJ., and ROSENBERG, ROBIN

Congress Park Office Condos II, LLC v. First-Citizens Bank & Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-01-16T00:00:00-08:00

Citation: 105 So. 3d 602

Snippet: Frauds, defined in section 687.0304, Florida Statutes (2010). See § 687.0304(l)(a), Fla. Stat. (2010) (

Vargas v. Deutsche Bank National Trust Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-28T00:00:00-08:00

Citation: 104 So. 3d 1156, 2012 WL 5933055, 2012 Fla. App. LEXIS 20336

Snippet: reason: the applicable statute of frauds. Section 687.0304(2) of the Florida Statutes (2012) expressly provides… to make any other financial accommodation.” § 687.0304(l)(a), Fla. Stat. (2012). The loan modification…agreement to make a financial accommodation. § 687.0304(1), (2), Fla. Stat.”); Fenn v. Litton Loan Servicing…to lend money and extend credit” under section 687.0304); Brisbin v. Aurora Loan Servs., LLC, 679 F.3d…these statements, it does not appear that section 687.0304 was expressly mentioned or considered in the lower

AGATE v. Clampitt

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-24T00:00:00-08:00

Citation: 80 So. 3d 450

Snippet: further note that Mr. Clampitt relies upon section 687.0304(2), Florida Statutes (1995), to support his Statute…the pleadings and the trial court used section 687.0304(2) as the basis for its blanket dismissal. On

Coral Reef Drive Land Development, LLC v. Duke Realty Ltd. Partnership

Court: Fla. Dist. Ct. App. | Date Filed: 2010-09-22T00:00:00-07:00

Citation: 45 So. 3d 897, 2010 Fla. App. LEXIS 14010, 2010 WL 3655812

Snippet: counterclaims legally insufficient. *903Section 687.0304, Florida Statutes (2007), requires that a borrower…“Florida’s Banking Statute of Frauds,” section 687.0304. Univ. Creek Assocs., II, Ltd. v. Boston Am. Fin…the requirements of those documents and section 687.0304. Any assumption that a telephone call could commit

Bankers Trust Co. v. Basciano

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-25T00:53:00-07:00

Citation: 960 So. 2d 773

Snippet: application of the bank statute of frauds, section 687.0304, Florida Statutes (1999), due to our conclusion

Metro Bldg. Materials v. REPUBLIC NAT. BANK

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-17T23:53:00-08:00

Citation: 919 So. 2d 595

Snippet: counterclaims. The trial court relied on section § 687.0304, Florida Statutes (1989), which is the statute… is signed by the debtor and creditor." § 687.0304, Fla. Stat. (1989) (emphasis added). Because the…overdraft. The Fifth District has said, "Section 687.0304 prevents a debtor from bringing a claim based …quot;Metro". [2] In pertinent part Section 687.0304 states: (2) CREDIT AGREEMENTS TO BE IN WRITING

Pavolini v. Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-02T00:00:00-08:00

Citation: 915 So. 2d 251

Snippet: Race, 573 So.2d at 410. Finally, while Section 687.0304(2), Florida Statutes (2005), provides that a debtor…for example, this court held that while section 687.0304 would preclude a debtor from bringing a claim …agreement are outside the operation of section 687.0304. Similarly, in Griffiths v. Barnett Bank of Naples…Civ. P. 1.110(d), and are not barred by section 687.0304. The fact laden affirmative defenses pled by the

Eboni Beauty Academy v. AmSouth Bank of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2000-06-30T00:00:00-07:00

Citation: 761 So. 2d 481

Snippet: 000. Eboni’s complaint is barred by sec*482tion 687.0304, Florida Statutes, which provides that a debtor…. The judgment was apparently based on section 687.0304, but the statute does not apply to affirmative

Attanasio v. Excel Development Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-10T00:53:00-07:00

Citation: 757 So. 2d 1253

Snippet: application of the banking statute of frauds, section 687.0304, which requires that credit agreements be in writing

Harris v. Schickedanz Bros.-Riviera Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-16T23:53:00-08:00

Citation: 746 So. 2d 1152

Snippet: statute of frauds provisions in sections 671.206 and 687.0304, Florida Statutes (1993). Section 671.206, which…other statute cited by the trial court is section 687.0304, entitled Credit Agreements, which provides: (

J Square Enterprises v. Regner

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-04T00:00:00-07:00

Citation: 734 So. 2d 565

Snippet: defendants moved to dismiss on the basis of section 687.0304, Florida Statutes (sometimes known as the Bank… point on appeal, J Square argues that section 687.0304 does not bar enforcement of the agreement between…that the fraud claims are not barred by section 687.0304 (since its applicability has been negated by the

PUFFN STUFF OF WINTER PARK v. Bell

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-19T23:53:00-08:00

Citation: 683 So. 2d 1176

Snippet: the trial judge was correct in applying section 687.0304(2), Florida Statutes (1989) in accordance with… Cobb's opinion, which is based on section 687.0304(2), Florida Statutesa banking "statute of…timely manner. But the rub, of course, is section 687.0304(2), which requires that before a loan commitment…dissent from the majority opinion because section 687.0304(2), Florida Statutes, is not a bar to appellant…"banking statute of frauds." Section 687.0304(2), Florida Statutes (1989), provides: A debtor

Collins v. CITRUS NAT. BANK

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-12T00:53:00-07:00

Citation: 641 So. 2d 458

Snippet: complaint and amended complaint and cites section 687.0304, Florida Statutes (1989) which provides in part…signed by the creditor and the debtor. Section 687.0304 "restricts the ability of the borrower to…writing that meets the requirements of section 687.0304, the court erred in dismissing Count I. The court…the new banking "statute of frauds." § 687.0304, Florida Statutes. Out of the other side of its…this case can satisfy the requirements of section 687.0304, Florida Statutes, there is another reason why

Maynard v. Central Nat. Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1994-08-05T00:53:00-07:00

Citation: 640 So. 2d 1212

Snippet: defenses. CNB relied on the authority of section 687.0304, Florida Statutes (1991) which provides in pertinent…court granted CNB's motion based upon section 687.0304, Florida Statutes. CNB then filed a motion for…#39;s motion for summary final judgment. Section 687.0304 prevents a debtor from bringing a claim based … faith are outside of the operation of section 687.0304, Florida Statutes. Id. In Brenowitz, the bank …#39; affirmative defenses were barred by section 687.0304, Florida Statutes. The court found that Brenowitz

Brocklebank v. Eastern Financial Federal Credit Union

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-15T00:00:00-08:00

Citation: 634 So. 2d 171

Snippet: PER CURIAM. Affirmed. Section 687.0304, Fla.Stat. (1991); Griffiths v. Barnett Bank of Naples…2d DCA 1992) (The court, in construing Section 687.0304 as to an oral credit agreement, upheld summary