Equitable Mortgage Doctrine In Florida

equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and nationality act (ina). equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations.

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Under the doctrine of equitable conversion, the risk of loss of realty passes to the buyer as soon as a contract of sale is executed between the buyer and seller. But there is an additional point worth noting.. Florida Bar Exam Essentials Volume 1 is now available for immediate download here.

Florida courts have long employed the doctrine of equitable subrogation to allow a lender who satisfies an existing first mortgage with the proceeds of its loan to step into the shoes of the senior lien it has satisfied to avoid a prior junior lienholder from having priority over the new lender’s lien under Florida’s recording statute. The doctrine is intended to protect the expectations of the parties, avoid injustice, and prevent windfalls.

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G. Plumbing Service, Inc. v. Coastal Mortgage Company, 329 So.2d 393, 395 (Fla. 2nd DCA 1976). An equitable lien claim can be based on either of two theories: equitable estoppel or unjust enrichment. It is important to determine which theory will be the basis for your claim as each has different pleading requirements.

The Equitable Mortgage Doctrine, The Truth In Lending Laws, Usury & Foreclosure rescue foreclosure rescue operators are being sued by financially strapped homeowners around the country for the "sale leaseback" / "lease buyback" arrangements they are entering into.

What is EQUITABLE MORTGAGE?. A mortgage secured by the lender taking possession of all original-title documents of the property serving as security for the mortgage. In case of non-payment, the lender now has the right of foreclosure, sale, or receivership.

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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."