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Equitable Mortgage Doctrine In Florida

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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.

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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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.

 · The Florida Supreme Court has also recognized, without referring specifically to the doctrine of equitable subrogation, that equity will grant relief where a mortgage is satisfied by mistake and no rights of third parties have intervened. United Serv. Corp. v. Vi-An Constr. Corp., 77 So.2d 800 (Fla.1955) and cases cited. So has this court.

Made Whole Doctrine. In 1992, the Florida Supreme Court acknowledged the application of the Made Whole Doctrine stating: "Using the common law subrogation principle, endorsed by Florida courts, the district court reasoned that the insured was entitled to be made whole before the subrogated insurer could participate in the recovery from a tortfeasor.

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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."

Florida’s Third District Court of Appeal recently reversed a trial court’s mortgage foreclosure judgment against non-signatory co-owners, holding that ratification did not apply where the non-signatory owners received no benefit from the loan proceeds and did not authorize an attorney-in-fact to sign the mortgage on their behalf.