Equitable Mortgage Doctrine In Florida

4D15-2424 and 4D15-3481, the Court upheld an equitable lien on the. to pay off the mortgage on the property, and an additional equitable lien in the amount of. from execution based on Florida's Constitutional homestead protection.. Litigation (1), Concurrent Cause Doctrine (1), Consumer Finance (1).

 · Furthermore, for equitable subrogation “[i]n tort cases, the party seeking subrogation must have obtained a release for the other party responsible for the debt.” Johnson , 18 So. 2d at 1101.

Since 1979, when the current Bankruptcy Code came into effect, however, the treatment of subordination agreements in bankruptcy has been governed. Subrogation[4] developed as an equitable doctrine.

Under Florida Law, a borrower must plead the affirmative defense of laches in order to. Laches is as an equitable doctrine that is based upon an. discussed prejudice in a laches case involving a mortgage foreclosure.

PROPERTY LAW: Mortgages, Merger, and Mayhem: Foreclosing Mortgagee’s Omission of Junior Lienholder. Nevertheless, the foreclosing party cannot take advantage of the above-stated exception to the merger doctrine where it clearly, albeit implicitly, manifested its intent to merge its mortgage lien and legal title to the subject property by.

EQUITABLE SUBROGATION’ REVISTED: Sovereign Bank v. Gillis. Where a party supplies the funds to pay off an existing mortgage in the belief that no junior liens encumber the subject premises, and it later appears that intervening liens existed, the courts may apply the doctrine of. equitable subrogation. to avoid an unfair result.

 · However, the equitable action of reformation is limited by the 5 year statute of limitations on written contracts. See More Than You Wanted to Know about the Doctrine of Reformation, The florida bar journal, October, 2004 Volume LXXVIII, No. 9..

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Renata Petrylait ] Can the doctrine of equitable estoppel be applied against a government?100 As the very term ‘equitable’ implies, "the whole doctrine of equitable estoppel is a creature of equity and is governed by equitable principles"16. Equity in its turn denotes fairness and justice.

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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