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Some coastal communities in Florida will also have to consider retreat to higher ground, given the high exposure to flooding in coming decades. policies and resources must be targeted in an equitable.
The doctrine of equitable contribution has been approved in numerous subsequent reported decisions. 9 Although it is more typical for claims arising from a construction project injury to involve a general contractor’s own insurer suing a subcontractor’s insurer for contribution (where the contractor whose coverage is in question is the named.
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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.
Equitable mortgages are recognized under common law to protect the rights and obligations under a mortgage that isn’t completed in law. However, an equitable mortgage will be subordinate to the priority given to a legal mortgage.
PwC also signed off on Colonial’s audit without ever understanding the third and most complex iteration of the fraud, which involved a credit facility based on phantom mortgage securitizations.
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The Florida high court made these observations relating to the application of the equitable mortgage doctrine in Florida: "An important, if not a controlling guide in determining the intention of the parties is the purpose sought to be accomplished by them. Purpose is usually an unerring indication of intention."
Applying the merger doctrine to the mortgage context, when the mortgagee acquires legal title to the subject property by way of foreclosure, the mortgage lien merges with the legal title, and the lien is extinguished as a matter of law. See Citizens State Bank of New Castle v.
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.