Equitable Mortgage Doctrine In Florida

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Florida federal courts have also applied the doctrine of equitable estoppel. In Rowland v. Conyers, 2013 LEXIS 26356, No. 4:10cv64 (N.D. Fla. Feb. 26, 2013), a Florida federal court rendered a uniquely revealing decision on the tolling attributes of a Florida equitable doctrine directly contrary to 95.051(2).

The florida supreme court has also recognized, without referring specifically to the doctrine of equitable subrogation, that equity will grant relief where a mortgage is satisfied by mistake and no rights of third parties have intervened.

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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

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.

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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.

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.

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.

Another line of attack to consider when targeting homestead property is Florida’s "equitable subrogation" doctrine, which is triggered when a debtor’s "unjustly enriched" by wrongfully taking your client’s money (or property) and using those same dollars to pay off a pre-existing mortgage on the targeted homestead property. A key.

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