Equitable Mortgage Doctrine In Florida

Decided: August 29, 2001. The doctrine is founded on established principles of equity to prevent an unjust forfeiture, on the one hand, and a windfall amounting to unjust enrichment, on the other. Federal Land Bank of Columbia v. Godwin, 107 Fla. 537, 145 So. 883 (1933).

Equitable versus legal title. At common law equitable title is the right to obtain full ownership of property, where another maintains legal title to the property.. When a contract for the sale of land is executed, equitable [interest/title] passes to the buyer. When the conditions on the sale contract have been met, legal title passes to the buyer in what is known as closing.

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Equitable subrogation allows a party discharging another party’s debt to step into the shoes of the creditor who held the discharged debt. In the context of mortgages, it is generally the law in Florida that the first mortgagee has priority to any subsequent creditors, including other mortgagees.

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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.

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Equitable Estoppel. equitable estoppel, sometimes known as estoppel in pais, protects one party from being harmed by another party’s voluntary conduct. Voluntary conduct may be an action, silence, Acquiescence, or concealment of material facts. One example of equitable estoppel due to a party’s acquiescence is found in Lambertini v.

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Real Estate Contracts and the Doctrine of Equitable Conversion in Washington: Dispelling the Ashford Cloud Linda S. Hume* I. INTRODUCTION The installment real estate contract is often called the "poor man’s mortgage."’ Historically, it was used by sellers to finance land sales when there was no institutional funding avail-

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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.

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