The doctrine of equitable subrogation, particularly as applied to priority of mortgage liens, has long been a tool used by real property litigators seeking to rectify or mitigate priority issues caused by defectively executed or recorded mortgages.
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.
Florida’s Merger Doctrine: 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. Mary F. Radford, George Gleason Bogert & George Taylor Bogert, The Law of Trusts & Trustees, 1003 (3d ed.2006).
Introduction. Mortgage lenders and title insurance companies regularly rely on the doctrine of equitable subrogation to establish a lender's.
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-
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This doctrine tolls the limitations period when the plaintiff, "despite all due diligence, is unable to obtain vital information bearing on the existence of his claim." In other words, the question for equitable tolling is "whether a reasonable person in the plaintiff’s position would have been aware" that his rights had been violated.
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Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations.
1st DCA 2010), and other Florida decisional law on this issue. Sherman, 100. With respect to mortgage loans, the doctrine of equitable subrogation generally.
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