Equitable Mortgage Doctrine In Florida

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 [.]

(2) If the court awards a cash payment for the purpose of equitable distribution of marital assets, to be paid in full or in installments, the full amount ordered shall vest when the judgment is awarded and the award shall not terminate upon remarriage or death of either party, unless otherwise agreed to by the parties, but shall be treated as a debt owed from the obligor or the obligor’s.

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 transferring fee simple title to the subject parcel, free from all encumbrances, to a third party.

Billions were spent on housing tax credits and deductions; millions of home purchases were publicly insured; and trillions.

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 from having priority over the new lender’s lien under Florida’s recording statute.

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Both NetTalk and Telestrata asked U.S. District Judge James Lawrence King to sign off on the settlement, which would see Telestrata receive the property, valued at $6.3 million, and cash payment in.

The Browns made their last loan payments on the mortgage loan and HELOC in April 2015. The Browns characterize oconee federal’s alleged actions and inactions as creating an equitable extension of.

Pleasure to Work With – Royal United Mortgage LLC While he initially couldn’t make a deal for the Seattle lender, JPMorgan did buy WaMu in September 2008 after it was seized by the Federal Deposit Insurance Corp., which meant the assets came at a.

Florida Ave., 519, No. 2-Joshua C. Bohl to Juliana Crump, $568,000. Seventh St., 5029-Equitable Acquisitions Corp. to Casee E. Burke, $758,000. Eighth St., 3912-Patricia Prudhomme to Christopher.

BNY sought an equitable lien on the home created by BNY’s satisfaction of the FFFC mortgage and reimbursement for paying. the equities to determine whether the application of the doctrine is harsh.

equitable mortgage doctrine In Florida What follows below are excerpts from a number of Florida court cases, presented in chronological order, addressing issues to be considered in applying the equitable mortgage doctrine in Florida.