The following outline summarizes the doctrine under Florida law. Background 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
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Decided: August 29, 2001. The doctrine is founded on established principles of equity to prevent an unjust forfeiture, on the one hand, and a windfall amounting to unjust enrichment, on the other. federal land bank of Columbia v. Godwin, 107 Fla. 537, 145 So. 883 (1933).
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Protecting such land, and doing so in an equitable manner, is critical not only to our future. who were beneficiaries of.
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.
The doctrine of equitable subrogation, particularly as applied to priority of mortgage liens, has long been a tool used by real property litigators seeking to rectify or mitigate priority issues caused by defectively executed or recorded mortgages. As a general rule, equitable subrogation is available to substitute (subrogate) a refinancing lender to the position of the mortgage or lien that.
Understanding the Doctrine of Equitable Estoppel in Florida CRAIG A. JASLOW* Despite the apparent simplicity of the doctrine of equitable es-toppel, the doctrine is not as predictable as a first glance would indicate. This article examines the case law construing the three elements of the doctrine as well as an exception to the doctrine.
The next day she would leave for Florida’s Gulf Coast, where the couple had just. but kind of an end-to-end experience.
Hernando County real estate transactions for Feb. 24, 2017 The information that is supplied by the hernando county property appraiser’s office is public information data and must be accepted and used with the understanding that the data was collected primarily for the use and purpose of creating a property tax roll per Florida Statutes and in support of the hernando county central GIS program.
Subrogation developed as an equitable doctrine. Under Florida Law, a borrower must plead the affirmative defense of laches in order to. Laches is as an equitable doctrine that is based upon an. discussed prejudice in a laches case involving a mortgage foreclosure.