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The Florida Bar Journal
Whose Shoes to Use: Achieving a Subrogation Footing in the Wave of Foreclosures

by David L. Boyette
In the tidal wave of mortgage foreclosures filed in recent years, equitable subrogation has become a vitally important legal tool for mortgagees and other lienholders to protect their priority. The basic operation of subrogation is well described by the Restatement (Third) of Property in which it states that “one who fully performs an obligation of another, secured by a mortgage, becomes by subrogation the owner of the obligation and the mortgage to the extent necessary to prevent unjust enrichment." Put another way, subrogation is an equitable remedy whereby, the new owner of the obligation and mortgage “steps into the shoes” of the previous mortgagee. The doctrine overrides the normal operation of the recording statutes.

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President’s Page
We Must Protect Investments in the Judiciary
by Gwynne A. Young

Real Property, Trust and Probate Law
Trapped Between Tax and Foreclosure Law: A Receiver’s Power to Sell Mortgaged Real Estate and Its Effect on the CMBS Industry
by Gary Soles, Michael Ryan, Robert F. Higgins, and David E. Peterson

Appellate Practice
What Are My Chances? Federal Courts of Appeal by the Numbers
by Erik W. Scharf and Wayne R. Atkins

Business Law
Federal Computer Fraud and Abuse Act: Employee Hacking Legal in California and Virginia, But Illegal in Miami, Dallas, Chicago, and Boston
by Robert C. Kain

Tax Law
The Benefits of Tax Planning as Part of the Acquisition of an International Business
by James H. Barrett, Steven Hadjilogiou, and Sean Tevel
January 2013
Volume 87, No. 1
When a Lender Fails, a Borrower’s Litigation Defenses May Be “(D’Oench) Duhmed” — Gregory S. Grossman and Daniel M. Coyle

Negotiating the American Dream: A Critical Look at the Role of Negotiability in the Foreclosure Crisis — by Thomas Erskine Ice (December 2012)

Success in Litigating Local Permit Denials: Alternative Theories of Obtaining Justice — by Scott A. McLaren and Jeffrey W. Glasgow (December 2012)

Caught in the Web of Florida’s Statutory Proceedings Supplementary:Procedural and Constitutional Problems Facing Impleaded Third Parties — by Benjamin H. Brodsky (December 2012)

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[Revised: 01-28-2013]