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In 2007, las olas centre sold for $230.9 million – a then-South Florida record at $492 a square foot. Ninety-three percent of that purchase price came from the lenders. The mortgage matured in April.
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Florida’s Third District Court of Appeal recently reversed a trial court’s mortgage foreclosure judgment against non-signatory co-owners, holding that ratification did not apply where the non-signatory owners received no benefit from the loan proceeds and did not authorize an attorney-in-fact to sign the mortgage on their behalf.
who did not investigate their alleged claims until years after the closing of their mortgage loans and only after receiving a solicitation from counsel, can rely upon the doctrine of equitable tolling.
(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.
The florida supreme court has also recognized, without referring specifically to the doctrine of equitable subrogation, that equity will grant relief where a mortgage is satisfied by mistake and no rights of third parties have intervened. United Serv. Corp. v. Vi-An Constr. Corp., 77 So.2d 800 (Fla.1955) and cases cited. So has this court.
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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 [.]
THE AMERICAN DOCTRINE OF EQUITABLE MORTGAGES BY DEPOSIT OF TITLE DEEDS I. The english doctrine [that an equitable mortgage may be created by depositing the title deed to land with a creditor has been recognized, either by decision or by dictum, in this country, to some extent. In ‘the earlier cases in New York’
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