Equitable Mortgage

61 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• McDougall v. Van Brunt
  6 Fla. 570· Fla.· 1856-01-01 ·cited 2×
  This equity case involves a dispute over ownership of a slave, with the administrator of Joseph W. Lea's estate claiming that a bill of sale to Richard Van Brunt, Jr. was intended as a mortgage to secure a loan rather than an absolute sale. The Florida Supreme Court reversed the
• Mut. Bank v. Helene Hines
  Del. Ch.· 2017-08-29
  The Court recommends granting summary judgment in favor of Deutsche Bank, finding that the defendant, George Edward Kennedy, will be unjustly enriched if the equitable mortgage lien on the property is not enforced. The Court also recommends denying Deutsche Bank's motions for def
• Guam Hakubotan, Inc. v. Furusawa Inv. Corp.
  947 F.2d 398· 9th Cir.· 1991-10-17
  The court held that a warranty deed executed as part of a loan extension agreement, which transferred ownership and extinguished the debt upon default, constituted a valid conditional sale, not a disguised mortgage.
• Transamerica Title Ins. Co. v. Alaska Fed. Sav. & Loan Ass'n OF Juneau
  833 F.2d 775· 9th Cir.· 1987-11-27
  The court held that the insurer has no duty to defend because the insured created the alleged defects in title, which are excluded from coverage under the policy.
• Capitol Bank & Tr. OF Chicago v. Fascetta
  771 F.2d 1077· 7th Cir.· 1985-08-29
  The court held that the land trust arrangement created a personal property security interest, not an equitable mortgage, and thus homestead rights were not preserved under the pre-1982 Illinois statute.
• Reed v. Cassie Dyal
  397 So. 2d 389· Fla. 1st DCA· 1981-04-22
  Trial court correctly imposed an equitable lien and foreclosed on appellants' property for a $15,000 loan advanced for home repairs, though the court erred in awarding attorney's fees.
• In re Ernette Mae Browne v. SAN Luis Obispo Nat'l Bank
  462 F.2d 129· 9th Cir.· 1972-03-28
  The court held that the bankruptcy court has jurisdiction to enjoin a sheriff's sale of homestead property when the underlying debt was discharged in bankruptcy and the document purporting to create a lien did not, under California law, establish a valid lien.
• Peltz v. First Nat'l Bank of Miami
  24 Fla. Supp. 170· Dade Cty. Cir. Ct.· 1965-04-09
  In this quiet title action, the court determined that an 'Agreement Not to Encumber or Transfer Property' executed by third parties did not create an equitable lien or mortgage on the plaintiff's real property in Dade County, Florida. The court granted the plaintiff's motion for
• Lewis v. Kitzen
  9 Fla. Supp. 80· Broward Cty. Cir. Ct.· 1956-03-23
  In this equity case, a plaintiff successfully challenged a mortgage obtained through fraud and usury. The court found that defendants conspired with a mortgage company, attorney, and construction company to defraud the plaintiff of a poorly documented homestead mortgage far excee
• Cotten
  6 Fla. 1· Fla.· 1855-01-01
  Frederick Cotten purchased a plantation from the Tradewells with a general warranty, but three of the slaves sold were subject to a bank mortgage. An agreement between the Tradewells to substitute other slaves for those mortgaged was never executed. Cotten seeks enforcement of th