by Brian Street
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 the lender satisfied. The later lender, who anticipated taking the subrogated position when making the subject loan, is permitted to assume the lien priority of the loan it satisfied, notwithstanding its failure to gain de jur priority pursuant to Ch. 695’s strict recording rules.
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President’s Page
During These Difficult Economic Times
by Jesse H. Diner
Business Law
Statutory Damages Under the Florida Securities and Investor Protection Act: How to Calculate and Apply Rescission Damages
by Ryon M. McCabe
Appellate Practice
Original Proceedings, Writ Large
by Sylvia H. Walbolt and Joseph H. Lang, Jr.
Tax Law
When to Report Ordinary Income If a Partnership with Hot Assets Redeems a Partnership Interest and the Liquidating Distributions Are Made Over Several Tax Years
by Daniel Bensimon
Real Property, Probate and Trust Law
Virtual Adoption: Not Just for Netizens
by Brian R. Dolan and Joel M. Commerford
Family Law
Immigration Form I-864 (Affidavit of Support) and Efforts to Collect Damages as Support Obligations Against Divorced Spouses — What Practitioners Need to Know
by Geoffrey A. Hoffman
Trial Lawyers Forum
The Parental Immunity Doctrine: Is Insurer Bad Faith an Exception or Should the Doctrine Be Abolished?
by Robert N. Heath, Jr.
Labor and Employment Law
Employment Law for Law Firms: Do the Shoemaker’s Children Need New Shoes?, Part 2
by Steven L. Schwarzberg, Kerry A. Raleigh, Larry A. Strauss, David I. Spector, Christopher S. Duke, Lorraine O’Hanlon Rogers, Arlene K. Kline, and Scott W. Atherton
Books
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October 2009
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Volume 83, No. 9
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Perspectives on the 2009 Growth Management Legislation — by Susan L. Trevarthen, Wade L. Hopping, Richard Grosso, Vivien J. Monaco, and Cari L. Roth
Jesse H. Diner: President of The Florida Bar — by Jan Pudlow (July/Aug 2009)
Murphy Deed Right-of-Way Reservations: A 1930s Taxpayer Bailout Yields Right-of-Way Cost Savings — by Henry M. Brown and Rebecca E. Brown (July/Aug 2009)
The New Frontier in Property Tax Challenges — by Stephen A. Bailey (July/Aug 2009)
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[Revised: 02-10-2012]
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