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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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Rotkiske claims that he had no notice of the 2009 proceeding and default judgment until he applied for a home mortgage in.
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.
· Equitable estoppel is designed to prevent a loss rather than aid a litigant in gaining something. See State Agency for Health Care Admin. v. MIED, Inc., 869 So. 2d 13 (fla. 1 st DCA 2004). The prime purpose of the doctrine of equitable estoppel is to prevent a party from profiting from his or her wrongdoing. Major League Baseball v.
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Equitable mortgages originate in English Common Law and may lack some legal formalities.. In an equitable mortgage the lender is secured by taking possession of all the original title documents of the property and by borrower’s signing a Memorandum of Deposit of Title Deed (MODTD).
Gleason of florida bankruptcy group llc, said the bank was presenting a backward approach in its arguments, starting with the conclusion it wanted the court to reach – that Benkovitch cannot get a.
But a dispute over images of a sunken pirate ship will have the court revisiting a 1999 precedent, Florida Prepaid v. College.
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 from having priority over the new lender’s lien under Florida’s recording statute.