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-
Further, when property is ineffectively described within a mortgage, effectual in law or equity against creditors or subsequent purchasers for a.. The court, based on the constructive notice doctrine, found that the mortgage.
Promissory Estoppel and Reliance Promissory Estoppel is utilized under the absence of a formal contract, but with the assumption that the parties have maintained and acted in a way suggesting the presence of a formal contract.
Abdo and James C. Ellwood. Both individuals have been active apartment developers in South Florida for the past five years. The project is on West Broward Boulevard at Jacaranda Country Club Drive in.
Equitable Mortgage Doctrine In Florida What follows below are excerpts from a number of Florida court cases, presented in chronological order, addressing issues to be considered in applying the equitable mortgage doctrine in Florida.
As the very term ‘equitable’ implies, "the whole doctrine of equitable estoppel is a creature of equity and is governed by equitable principles"16. Equity in its turn denotes fairness and justice. This parallel between justice and equitable estoppel is very important.
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. The doctrine is intended to protect the expectations of the parties, avoid injustice, and prevent windfalls.
Howe ushered four members of his Central Florida diocese into his small office on Robinson Street. The four men made the 64-year-old bishop an offer: step aside, retire now, and we’ll pay off the.
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Ralph A. Boyer and Barry Kutun, The Equitable Lien in Florida, 20 U. Miami L. Rev. 731 (1966).. had a claim secured by a mortgage, pledge or lien, then the party paying the claim. The doctrine of equitable liens does not depend on written.