Equitable Mortgage Doctrine In Florida

EQUITABLE SUBROGATION. Hi dkanka, As far as i know, equitable subrogation is a doctrine by which one who pays off the mortgage obligation of another is treated as the beneficial owner of that original obligation. So if the purchaser paid the money to lender, then he may have a.

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Traditionally, a purchase money mortgage was a mortgage given by the purchaser of real property directly to the seller to secure some or all of the purchase price. 1 Paul C. Gibson, Florida Real Estate Transactions § 4:01 (1996).

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who did not investigate their alleged claims until years after the closing of their mortgage loans and only after receiving a solicitation from counsel, can rely upon the doctrine of equitable tolling.

 · 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.

predicting the Eleventh Circuit’s application of the filed-rate doctrine would guarantee a loss on appeal. Despite there being no prior eleventh circuit cases involving lender-placed mortgage.

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Nevertheless, the foreclosing party cannot take advantage of the above-stated exception to the merger doctrine where it clearly, albeit implicitly, manifested its intent to merge its mortgage lien and legal title to the subject property by transferring fee simple title to the subject parcel, free from all encumbrances, to a third party.

This report analyzes the economic consequences on commercial mortgage lending in Nevada of any decision by the Nevada Supreme Court that a subsequent mortgagee cannot gain the priority of a predecessor mortgagee and therefore become senior to intervening mechanics’ liens by operation of the doctrine of equitable subrogation. This

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Renata Petrylait ] Can the doctrine of equitable estoppel be applied against a government?100 As the very term ‘equitable’ implies, "the whole doctrine of equitable estoppel is a creature of equity and is governed by equitable principles"16. Equity in its turn denotes fairness and justice.

Equitable Mortgage Doctrine In Florida What follows below are excerpts from a number of Florida court cases, presented in chronological order, addressing issues to be considered in applying the equitable mortgage doctrine in Florida.