Bonita Real Estate Partners, LLC v. SLF IV Lending, L.P.

MORRIS, Judge.

The appellants—the borrowers and guarantors of a commercial real estate loan—appeal a final judgment entered in favor of the lender, SLVIV Lending, L.P. The trial court concluded that the parties agreed to apply Texas law to the lender’s claim for deficiency and that under Texas law, the appellants waived their right to challenge the amount of the deficiency. We agree with the appellants’ argument that the trial court erred in applying Texas law because the loan documents state that Florida law applies to foreclosures and the claim for deficiency in this case was a continuation…