Equitable Mortgage Doctrine In Florida

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.

The next day she would leave for Florida’s Gulf Coast, where the couple had just. but kind of an end-to-end experience.

Here’s how the 2d DCA explained Florida’s merger doctrine and why it didn’t apply in this case: The circuit court relied on the merger doctrine to conclude that the trust ceased to exist. The merger doctrine terminates the trust if the legal and equitable interests in the trust are held by one person.

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Does the Doctrine of Equitable Subrogation Include Mortgage Priority as to Ongoing Interest and Costs? By: Giles L. Krill, Esq., July 1, 2008 INTRODUCTION In Massachusetts, the doctrine of equitable subrogation allows “the new mortgage given by a mortgagor, who used the proceeds of the new mortgage to extinguish an earlier mortgage, [to]

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The doctrine of equitable contribution has been approved in numerous subsequent reported decisions. 9 Although it is more typical for claims arising from a construction project injury to involve a general contractor’s own insurer suing a subcontractor’s insurer for contribution (where the contractor whose coverage is in question is the named.

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.

A recent decision from the Fourth District Court of Appeal is a reminder that Florida’s homestead protection, while often viewed as sacrosanct, is not absolute. In Flinn v. Doty, Case Nos. 4D15-2424 and 4D15-3481, the Court upheld an equitable lien on the appellant’s homestead property with respect to claims that the mortgage on the property [.]

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This report analyzes the economic consequences on commercial mortgage lending in Nevada of any decision by the Nevada Supreme Court that a subsequent mortgagee cannot gain the priority of a predecessor mortgagee and therefore become senior to intervening mechanics’ liens by operation of the doctrine of equitable subrogation. This