Crawford Residences, LLC v. Banco Popular North America

LaROSE, Judge.

Crawford Residences, LLC, the borrower, and two of its guarantors, Carondelet, *1019LLC, and Eduardo Goudie, appeal a final judgment of foreclosure on a condominium project in Naples.1 Because the trial court incorrectly ruled that Crawford was judicially estopped from arguing that a release did not bar its counterclaims and affirmative defenses, we reverse and remand for further proceedings.

To finance construction of the project, Crawford borrowed money from Banco Popular North America. The loan was reflected by a promissory note, secured by a mortgage on the real property, and…