More On Equitable Mortgage & Usury (Florida) This Florida Supreme Court case involved the issue of usury in the context of a civil lawsuit brought to have two deeds declared to be mortgages.. Marcus v. Hill, 142 Fla. 306; 195 So. 170; (Fla. 1939)
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(1) Except as provided herein, it shall be usury and unlawful for any person, or for any agent, officer, or other representative of any person, to reserve, charge, or take for any loan, advance of money, line of credit, forbearance to enforce the collection of any sum of money, or other obligation a rate of interest greater than the equivalent of 18 percent per annum simple interest, either.
Establishing "Intent" To Charge Or Receive Usurious Interest.. asserting that the foreclosure rescue transaction is nothing more than an equitable mortgage or disguised loan, More On Equitable Mortgage & Usury (Florida). florida equitable mortgage alpha.
Intent that the deed was an equitable mortgage to secure a debt based on the intent of both parties. Linda & Owen PER: PER can be brought in because it is not contradicting the language of the deed.
A Brief History of Usury In New York, the legal definition of usury is the corrupt agreement of parties by which more than lawful interest is paid, or is to be paid, as compensation for a loan or for forbearance in collecting money advanced as a loan.. the note and chattel mortgage given.
volving a loan of money evidenced by a promissory note and mortgage. Owing to the esoteric nature of money lending transactions in general, and more particularly to the result reached in the latest expression of the courts, this paper is directed to an examination and exposition of Florida’s
Lender Liability Update: Recent Cases and Trends. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com.
The mortgage for our current home is in my name only. stop you – it should merely confirm that you are making the right decision for yourself and your son. You have contributed more than enough.