Another line of attack to consider when targeting homestead property is Florida’s "equitable subrogation" doctrine, which is triggered when a debtor’s "unjustly enriched" by wrongfully taking your client’s money (or property) and using those same dollars to pay off a pre-existing mortgage on the targeted homestead property. A key.
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’
I believe we need to be fair and equitable. Liabilities: mortgage, car loans. Income: managing partner of small law firm. Assets: house, Illinois commercial property. Liabilities: mortgages Income:.
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The lawsuit over the Preserve at Boynton concerns a mortgage last modified at $10.6 million in 2008. The developer sold seven units for $1.5 million since then. Preserve also got a $5 million second.
The doctrine of equitable subrogation is an exception to the "first in time, first in right" rule and applies in those situations where equity requires a different result. JP Morgan Chase Bank v. Banc of America Practice Solutions, Inc. (2012) 209 Cal.App.4th 855; citing Simon Newman Co. v. Fink (1928) 206 Cal. 143, 147.
Whitmer of Florida Barter says that limited and strategic bartering is best. “We’re not going to help anybody pay their electric bill or their mortgage,” he says. “But we can help them maintain their.
(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 doctrine of equitable subrogation, particularly as applied to priority of mortgage liens, has long been a tool used by real property litigators seeking to rectify or mitigate priority issues caused by defectively executed or recorded mortgages.
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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
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