Equitable Mortgage Doctrine In Florida

Equitable Mortgage Doctrine In Florida

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This doctrine tolls the limitations period when the plaintiff, "despite all due diligence, is unable to obtain vital information bearing on the existence of his claim." In other words, the question for equitable tolling is "whether a reasonable person in the plaintiff’s position would have been aware" that his rights had been violated.

rules in Chapter 695, Florida Statutes. The equitable subrogation doctrine is designed to prevent an unjust forfeiture, on the one hand, and a windfall amounting to unjust enrichment in favor ofan interveningjunior lienor, on the other. Godwin, 145 So. at 885-86; Suntrust Bank. v. Riverside Nat’l Bank ofFla., 792 So. 2d 1222, 1226 (Fla.

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.

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In its award of equitable distribution, the trial court calculated the equity in the timeshare by subtracting the amount of the outstanding mortgage from the sale. s portion of the negative equity.

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

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.

Equitable versus legal title. At common law equitable title is the right to obtain full ownership of property, where another maintains legal title to the property. When a contract for the sale of land is executed, equitable [interest/title] passes to the buyer. When the conditions on the sale contract have been met,

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