Equitable Mortgage Doctrine In Florida

Its owner and manager is Roger Farrell of Miami. The largest creditor is Plantation-based Equitable Mortgage and Investment, with mortgages on three properties totaling $150,000. Miami-Dade County’s.

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.

Equitable Estoppel. This type of document is perhaps most common in the context of mortgages, or home loans. If one bank seeks to purchase mortgages owned by another bank, the purchasing bank may request the borrowers, or homeowners, to sign an estoppel certificate establishing (1) that the mortgage is valid,

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.

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Equitable Mortgage Law and Legal Definition. An equitable mortgage is one which is lacking one or more formalities of legal requirements, such as stamping, filing or registration. Equitable mortgages are recognized under common law to protect the rights and obligations under a mortgage that isn’t completed in law.

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Under this doctrine, neither party is liable because both parties have "unclean" hands and both committed wrongdoings. This doctrine is an equitable and an affirmative defense, however, it is only available in claims with forms of relief that involve the court ordering the defendant to perform some sort of action.

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The Equitable Mortgage Doctrine, The Truth In Lending Laws, Usury & Foreclosure Rescue foreclosure rescue operators are being sued by financially strapped homeowners around the country for the "sale leaseback" / "lease buyback" arrangements they are entering into.

How to Protect Yourself: Avoiding Mortgage Foreclosure and Foreclosure " Rescue".. You are then vulnerable to losing your home and all of your equity in your.