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Equitable Mortgage Doctrine In Florida

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The Florida statute, by barring a surviving spouse from receiving a benefit from the estate of a deceased spouse if he or she procured the marriage to the spouse through inequitable conduct,

A mortgage is a security interest in real property held by a lender as a security for a debt, Restraint on alienation · Rule against perpetuities · Rule in Shelley's Case · Doctrine of worthier title. In an equitable mortgage the lender is secured by taking possession of all the original title documents of the property and by.

have on the nevada economy. weakening this doctrine would produce a cascade of negative economic effects. First, title insurance for replacement commercial loans would become more burdensome to obtain and more expensive. Equitable subrogation is a significant element in the defense of many title insurance claims, particularly mechanics’ lien claims.

The unclean hands doctrine is an equitable defense and is sometimes referred to as the "dirty hands" doctrine. Under this defense, the person being accused of breach argues that the other party is not entitled to a remedy because they also committed a breach.

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 · Equitable subrogation allows a party discharging another party’s debt to step into the shoes of the creditor who held the discharged debt. In the context of mortgages, it is generally the law in Florida that the first mortgagee has priority to any subsequent creditors, including other mortgagees.

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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. United Serv. Corp. v. Vi-An Constr. Corp., 77 So.2d 800 (Fla.1955) and cases cited. So has this court.

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.

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Florida Lien law: equitable liens and Construction Lender Responsibilities. Lenders will routinely take a first mortgage on the property being improved,. The doctrine is not applicable when a contractor materially or.