Equitable Mortgage Doctrine In Florida

The ABC’s of buying a home. Mortgage Masters Group  · When it’s time to buy a house, though, which figure should you use when deciding how much home you can afford? This is an interesting question. When you apply for a mortgage loan, your lender will rely on your gross monthly income to determine how many mortgage dollars to lend to you.

(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.

Bruce Calabrese, president of Equitable Mortgage in Columbus, Ohio, says the hefty new premiums make “FHA too restrictive and unattractive” for most refinancers in his area, even with slightly higher.

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The trial court entered final judgment of foreclosure based on an equitable lien and the doctrine of ratification, but stayed enforcement until the parents no longer resided in the property. The court also ordered the parents to pay the property taxes advanced by the lender and taxes going forward if they had the ability to do so.

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Complete Performance. Florida Courts have consistently held that, “. despite the non-performing party’s asserted defense, Florida law provides the performing party with possible counterarguments to the statute of frauds.

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.

DOCTRINE OF EQUITABLE MORTGAGES Marshall’" (a case where the doctrine was not involved). In the more recent case of Bullowa v. Orgo " a different matter is involved. It was there held that the deposit of title deeds in pledge for the payment of -a debt until a legal mortgage should be executed, under an oral agreement,

Under Florida’s recording statute, the second mortgage takes priority over the creditor’s mortgage. In the event of foreclosure, however, equitable subrogation may be available to the subsequent creditor, enabling the creditor to assume first position lienholder status, but only to the extent of the balance on the first mortgage paid by the creditor.

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Unclean Hands Doctrine (Unconscionability) In Florida, since mortgage foreclosure lawsuits are considered equitable proceedings, (See – Cross v. Federal Nat’l Mtg. Ass’n, 359 So.2d 464 (Fla. 4th DCA 1978)), one of the most common equitable defenses in Florida jurisprudence is the doctrine of "unclean hands." If the borrower (defendant) can provide admissible evidence that the lender (plaintiff) was involved in illegal or improper activity, which may or may not include fraud, then.