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DOCTRINE OF EQUITABLE MORTGAGES-the evidential requirements of the Statute of Frauds; it was not an unequivocal act, sufficiently noteworthy to take the case out of the operation of the statute.26 The strongest reason against the adoption of the Eng-lish doctrine in this country is the registry system. The
Hamp · Update: The Home Affordable Modification Program (HAMP) is no longer in operation, according to the official website of the united states treasury. However, you can still access several other government programs for struggling home owners. You can also work with a financial advisor who can help you.
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.
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.
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.
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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. While equitable subordination is a judicially created doctrine with roots as far back as the early 1900s, the doctrine was codified by Section 510(c) of the Bankruptcy Code.
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.
Equitable Estoppel. This type of document is perhaps most common in the context of mortgages, or home loans. If one bank seeks to purchase mortgages owned by another bank, the purchasing bank may request the borrowers, or homeowners, to sign an estoppel certificate establishing (1) that the mortgage is valid,
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