Equitable Mortgage Doctrine In Florida

The Florida Supreme Court carved out an exception to the majority and general rule, and held that the form of equitable estoppel known as promissory estoppel may be utilized to create insurance coverage where to refuse to do so would sanction fraud or other injustice.

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.

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

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.

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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.

THE AMERICAN DOCTRINE OF EQUITABLE MORTGAGES BY DEPOSIT OF TITLE DEEDS I. The English doctrine [that an equitable mortgage may be created by depositing the title deed to land with a creditor has been recognized, either by decision or by dictum, in this country, to some extent. In ‘the earlier cases in New York’

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