Equitable Mortgage Doctrine In Florida

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..

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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.

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 · Estoppel, sometimes referred to as equitable estoppel, is an Affirmative Defense. The party raising estoppel must prove its elements by clear and convincing evidence. The elements of estoppel are: The party against whom estoppel is sought must have made a representation about a material fact that is contrary to a position it later asserts;

Unclean Hands Doctrine (Unconscionability) 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." If the borrower (defendant) can provide admissible evidence that the lender (plaintiff) was involved in illegal or improper activity, which may or may not include fraud, then.

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The trial court entered final judgment of foreclosure based on an equitable lien and the doctrine of ratification, but stayed enforcement until the parents no longer resided in the property. The court also ordered the parents to pay the property taxes advanced by the lender and taxes going forward if they had the ability to do so.

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