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Equitable Mortgage Doctrine In Florida

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Florida law establishes a nuanced interplay between the elements of equitable subrogation and lien priority issues. Determining whether this doctrine applies in a particular case requires astute legal analysis and familiarity with Florida’s extensive case law on the subject.

Bruce Calabrese, president of Equitable Mortgage in Columbus, Ohio, says the hefty new premiums make “FHA too restrictive and unattractive” for most refinancers in his area, even with slightly higher.

Does the Doctrine of Equitable Subrogation Include Mortgage Priority as to Ongoing Interest and Costs? By: Giles L. Krill, Esq., July 1, 2008 INTRODUCTION In Massachusetts, the doctrine of equitable subrogation allows “the new mortgage given by a mortgagor, who used the proceeds of the new mortgage to extinguish an earlier mortgage, [to]

ment to execute a legal mortgage,’ which would carry with it all the remedies incident to such a mortgage. We might wonder as to why the equitable mortgagee by deposit of deeds should want to bring a suit to have a legal mortgage executed instead of enforcing his equitable mortgage direct-

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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. As a general rule, equitable subrogation is available to substitute (subrogate) a refinancing lender to the position of the mortgage or lien that.

Under this doctrine, neither party is liable because both parties have "unclean" hands and both committed wrongdoings. This doctrine is an equitable and an affirmative defense, however, it is only available in claims with forms of relief that involve the court ordering the defendant to perform some sort of action.

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.

 · If there is anything that takes the professional sweat off a dirt lawyer’s brow, or places a smile on a malpractice carrier’s face, it is the equitable safety net of reformation, definitely a doctrine for the legally maladroit.

Bruce Calabrese, president of Equitable Mortgage in Columbus, Ohio, says the hefty new premiums make “FHA too restrictive and unattractive” for most refinancers in his area, even with slightly higher.

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