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Equitable Mortgage Doctrine In Florida

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Under florida foreclosure law, all mortgage foreclosure cases are to be conducted in a court of equity.Courts of equity are authorized to apply principles of equity (fairness), as opposed to just a legal Florida foreclosure defense. Therefore, the judge can consider acts by the bank that would render the foreclosure unfair.

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.

Equitable mortgages are recognized under common law to protect the rights and obligations under a mortgage that isn’t completed in law. However, an equitable mortgage will be subordinate to the priority given to a legal mortgage.

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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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.

Applying the merger doctrine to the mortgage context, when the mortgagee acquires legal title to the subject property by way of foreclosure, the mortgage lien merges with the legal title, and the lien is extinguished as a matter of law. See Citizens State Bank of New Castle v.

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equitable liens in that in the former situation the subrogee accedes to a pre-existing lien or one already established, whereas in the case of equit-able liens, the lienor acquires a new lien which never before existed. The equitable lien should also be distinguished from the common-law possessory lien.

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