Protecting such land, and doing so in an equitable manner, is critical not only to our future. who were beneficiaries of.
Applying the merger doctrine to the mortgage context, when the mortgagee acquires legal title to the subject property by way of foreclosure, the mortgage lien merges with the legal title, and the lien is extinguished as a matter of law. See Citizens State Bank of New Castle v.
A recent decision from the Fourth District Court of Appeal is a reminder that Florida’s homestead protection, while often viewed as sacrosanct, is not absolute. In Flinn v. Doty, Case Nos. 4D15-2424 and 4D15-3481, the Court upheld an equitable lien on the appellant’s homestead property with respect to claims that the mortgage on the property [.]
Equitable subrogation allows a party discharging another party’s debt to step into the shoes of the creditor who held the discharged debt. In the context of mortgages, it is generally the law in Florida that the first mortgagee has priority to any subsequent creditors, including other mortgagees.
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Here’s how the 2d DCA explained Florida’s merger doctrine and why it didn’t apply in this case: The circuit court relied on the merger doctrine to conclude that the trust ceased to exist. The merger doctrine terminates the trust if the legal and equitable interests in the trust are held by one person.
Under Florida’s recording statute, the second mortgage takes priority over the creditor’s mortgage. In the event of foreclosure, however, equitable subrogation may be available to the subsequent creditor, enabling the creditor to assume first position lienholder status, but only to the extent of the balance on the first mortgage paid by the creditor.
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After all, his No. 15 jersey was a huge seller during his time at the University of Florida, and he didn’t make any money.
Under the doctrine of equitable conversion, the risk of loss of realty passes to the buyer as soon as a contract of sale is executed between the buyer and seller. But there is an additional point worth noting.. Florida Bar Exam Essentials Volume 1 is now available for immediate download here.
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