Equitable Mortgage Doctrine In Florida

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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 equitable ownership doctrine is a common law concept that can convert lessees of real property into owners that are liable for property taxes. In its most ubiquitous form, the doctrine operates to create ad valorem tax liability for long-term lessees.1 The equitable ownership doctrine is about which party is on the hook for the property tax bill.

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The Florida Supreme Court carved out an exception to the majority and general rule, and held that the form of equitable estoppel known as promissory estoppel may be utilized to create insurance coverage where to refuse to do so would sanction fraud or other injustice.

Over time, Florida courts have built legal principles consisting of equity defenses which apply both in standard contract cases as well as in foreclosure actions. These include equitable estoppel, waiver, laches and unconscionability. Here, the court will deny acceleration of the debt based upon equitable reasons.

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Equitable Subrogation: Protecting Lien Position in a Foreclosure Action. The doctrine of subrogation enables a party discharging another’s debt to step into the shoes of the creditor who held the discharged debt. Subrogation plays a significant role in the mortgage context, as the concept acts as an exception to a state’s recording statute,

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.

The Home Equity Theft Reporter: January 21, 2007 The purpose of this study is to provide insight into the breadth and depth of mortgage fraud crimes perpetrated against the United States and its citizens during 2008. This report updates the 2007.

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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