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’
Equitable Mortgage Doctrine In Florida What follows below are excerpts from a number of florida court cases, presented in chronological order, addressing issues to be considered in applying the equitable mortgage doctrine in Florida.
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The unclean hands doctrine is an equitable defense and is sometimes referred to as the "dirty hands" doctrine. Under this defense, the person being accused of breach argues that the other party is not entitled to a remedy because they also committed a breach.
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. The doctrine is intended to protect the expectations of the parties, avoid injustice, and prevent windfalls.
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 to be inapplicable in this cause and hold the.
Understanding the Doctrine of Equitable Estoppel in Florida CRAIG A. JASLOW* Despite the apparent simplicity of the doctrine of equitable es-toppel, the doctrine is not as predictable as a first glance would indicate. This article examines the case law construing the three elements of the doctrine as well as an exception to the doctrine.
The unclean hands doctrine is an equitable defense and is sometimes referred to as the “dirty hands” doctrine. Under this defense, the person being accused of breach argues that the other party is not entitled to a remedy because they also committed a breach.
Real Estate Contracts and the Doctrine of Equitable Conversion in Washington: Dispelling the Ashford Cloud Linda S. Hume* I. INTRODUCTION The installment real estate contract is often called the "poor man’s mortgage."’ Historically, it was used by sellers to finance land sales when there was no institutional funding avail-