Equitable Mortgage Doctrine In Florida

Supreme Court of Florida. May 7, 1958. *623 Copeland, Therrel & Baisden, Miami Beach, for appellant.. it is the owner only of the equitable title under its mortgage. It is not the owner of any greater estate with which its equitable estate could be merged.. we hold the doctrine of merger.

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The plaintiffs in the suit sought to invoke the doctrine of equitable tolling to save their claims but. Guaranty Residential Insurance Co., Radian Guaranty Inc. and Genworth Mortgage Insurance Corp.

 · The florida supreme court carved out an exception to the majority and general rule, and held that the form of equitable estoppel known as promissory estoppel may be utilized to create insurance coverage where to refuse to do so would sanction fraud or other injustice.

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,

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.

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.

Equitable Mortgage Law and Legal Definition. An equitable mortgage is one which is lacking one or more formalities of legal requirements, such as stamping, filing or registration. Equitable mortgages are recognized under common law to protect the rights and obligations under a mortgage that isn’t completed in law.

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Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations.

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