Equitable Mortgage Doctrine In Florida

Under Florida foreclosure law, all mortgage foreclosure cases are to be conducted in a court of equity.Courts of equity are authorized to apply principles of equity (fairness), as opposed to just a legal Florida foreclosure defense. Therefore, the judge can consider acts by the bank that would render the foreclosure unfair.

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Unclean Hands Doctrine (Unconscionability) In Florida, since mortgage foreclosure lawsuits are considered equitable proceedings, (See – Cross v. Federal Nat’l Mtg. Ass’n, 359 So.2d 464 (fla. 4th dca 1978)), one of the most common equitable defenses in Florida jurisprudence is the doctrine of "unclean hands." If the borrower (defendant) can provide admissible evidence that the lender (plaintiff) was involved in illegal or improper activity, which may or may not include fraud, then.

Equitable subrogation allows a party discharging another party’s debt to step into the shoes of the creditor who held the discharged debt. In the context of mortgages, it is generally the law in Florida that the first mortgagee has priority to any subsequent creditors, including other mortgagees.

Here’s how the 2d DCA explained Florida’s merger doctrine and why it didn’t apply in this case: The circuit court relied on the merger doctrine to conclude that the trust ceased to exist. The merger doctrine terminates the trust if the legal and equitable interests in the trust are held by one person.

Florida Residential Closing Costs | About Florida Law A Berry Islands investor is alleging that his plan to offset The bahamas’ high construction costs by building condominiums has been. A copy of Mr Stegawski’s e-mail to Ms Higgs, filed with the.

Equitable Estoppel. equitable estoppel, sometimes known as estoppel in pais, protects one party from being harmed by another party’s voluntary conduct. Voluntary conduct may be an action, silence, Acquiescence, or concealment of material facts. One example of equitable estoppel due to a party’s acquiescence is found in Lambertini v.

equitable doctrine of estoppel can defeat argument founded on legal technicality Arguing a legal technicality, even if one hundred percent right, does not always work, especially when you may have reaped the benefits of the same technicality.

equitable liens in that in the former situation the subrogee accedes to a pre-existing lien or one already established, whereas in the case of equit-able liens, the lienor acquires a new lien which never before existed. The equitable lien should also be distinguished from the common-law possessory lien.

BNY sought an equitable lien on the home created by BNY’s satisfaction of the FFFC mortgage and reimbursement for paying. the equities to determine whether the application of the doctrine is harsh.

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