Equitable Mortgage Doctrine In Florida

(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.

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Nonetheless, some court decisions have held that because proceedings supplementary are “equitable. to Florida’s Supplementary Proceedings in Aid of Execution, 25 U. Miami L. Rev. 596, 608 (1971).

The doctrine of equitable estoppel precludes a person from maintaining inconsistent positions to the detriment of another. Marshall v. Marshall, 386 So.2d 11 (Fla. 5 th DCA 1980). Equitable estoppel is based on principles of fair play and essential justice and arises when one party lures another party into a disadvantageous legal position.

The doctrine of equitable subrogation, particularly as applied to priority of mortgage liens, has long been a tool used by real property litigators seeking to rectify or mitigate priority issues caused by defectively executed or recorded mortgages.

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Fla. Bar No. 0296030. 333 1 st. Street North, Suite 305. jacksonville beach.. contract purchasers are treated like owners under the doctrine of equitable.

Mortgages. In real estate law, "equitable title" refers to a person's right to obtain full ownership of a property or property interest. This is often.

Florida’s Merger Doctrine: 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. Mary F. Radford, George Gleason Bogert & George Taylor Bogert, The Law of Trusts & Trustees, 1003 (3d ed.2006).

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The mortgage or deed of trust, on the other hand, establishes the lender's lien on. junior mortgage liens, like second mortgages and home equity lines of credit.

Generally, in Florida, a beneficiary must renounce her interest in a trust before she can challenge the validity of the trust instrument. This “renunciation rule” is an equitable doctrine intended to.

The Equitable Mortgage Corporation is dedicated to client satisfaction. We take every loan request very seriously and use our expertise to better serve you. Being a direct lender with in-house underwriting and funding, we have simplified the process.