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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.
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. (bold text is my emphasis).
DOCTRINE OF EQUITABLE MORTGAGES Marshall’" (a case where the doctrine was not involved). In the more recent case of Bullowa v. Orgo " a different matter is involved. It was there held that the deposit of title deeds in pledge for the payment of -a debt until a legal mortgage should be executed, under an oral agreement,
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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-
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.
The Home Equity Theft Reporter: Florida AG Announces Criminal Racketeering Charges In Phony Docs Mortgage Scam BEWARE! This is a common scheme so-called “rescuers” use to evict homeowners and steal all or most of the home’s equity. DON’T pay your mortgage payments to someone other than your lender or loan servicer, even if he or she promises to pass the payment on. Fraudulent foreclosure consultants often keep the money for themselves.
But a dispute over images of a sunken pirate ship will have the court revisiting a 1999 precedent, Florida Prepaid v. it.
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.
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.