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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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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."
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’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.
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.
The “superior equities doctrine” element of equitable subrogation is a legal doctrine that first arose in the context of the broader insurance law. Generally stated, “subrogation” is defined as the substitution of another person in place of the creditor or claimant to whose rights he or she succeeds in.
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.
· 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.