Equitable Mortgage Doctrine In Florida

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The doctrine of equitable estoppel has had a significant im-pact on both developers and municipalities in Florida.’ Generally, the issue of equitable estoppel arises after a property owner prepares for or begins construction on his property and then the

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A recent decision from the Fourth District Court of Appeal is a reminder that Florida’s homestead protection, while often viewed as sacrosanct, is not absolute. In Flinn v. Doty, Case Nos. 4D15-2424 and 4D15-3481, the Court upheld an equitable lien on the appellant’s homestead property with respect to claims that the mortgage on the property [.]

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Applying the merger doctrine to the mortgage context, when the mortgagee acquires legal title to the subject property by way of foreclosure, the mortgage lien merges with the legal title, and the lien is extinguished as a matter of law. See Citizens State Bank of New Castle v.

ABN argued that the doctrine of equitable subrogation applies because it paid off the first mortgage and intended to hold the first and best lien.

Equitable Subrogation: Protecting Lien Position in a Foreclosure Action. The doctrine of subrogation enables a party discharging another’s debt to step into the shoes of the creditor who held the discharged debt. Subrogation plays a significant role in the mortgage context, as the concept acts as an exception to a state’s recording statute,

If your principal residence is in New Jersey and you have two personal-use vacation properties, one in Florida. The rules for equitable and beneficial ownership and a life estate I discussed in an.

During the investigation, Lawrence incurred financial problems and was unable to pay the mortgage without receiving rent from. "Judicial estoppel is an equitable doctrine that precludes a party.

THE EQUITABLE MORTGAGE DOCTRINE SERVES AS A.. struggles of a single mother in Florida who is “facing foreclosure and for months.

Real Estate Contracts and the Doctrine of Equitable Conversion in Washington: Dispelling the Ashford Cloud Linda S. Hume* I. INTRODUCTION The installment real estate contract is often called the "poor man’s mortgage."’ Historically, it was used by sellers to finance land sales when there was no institutional funding avail-