...equitable mortgage doctrine is that an instrument which is intended to charge certain lands, even though defectively executed, is nevertheless considered to be evidence of an agreement to convey, and a..., recognizes power to convey or charge the land as a condition precedent to the invocation of the equitable mortgage doctrine. In that case, in which a mortgage executed without an affidavit of consideration.... 89 (1872), leaves little doubt that the equitable mortgage doctrine must be limited to situations where the person who executed the mortgage had the legal power to do so, and cannot be extended...

...). B. Equitable-Mortgage Doctrine The function of the equitable-mortgage doctrine is to allow the substance of certain.... Under the equitable-mortgage doctrine, "when the real nature of a transaction between the parties is that of a loan, advanced upon the security of realty granted to the party making the loan...(D. Minn. 2007) (applying Brown factors). A further, crucial factor is the sophistication of the party seeking the protection of the equitable-mortgage doctrine. As noted...

...that the parties' transaction created an equitable mortgage that violated the CFA and triggered an obligation on Zaman's part to comply with the FFA. LSNJ asserts that the trial court and Appellate Division sanctioned contractual chicanery that undermines the CFA, the equitable mortgage doctrine, and...property and a subsequent lease and repurchase agreement, and to determine whether the transactions collectively gave rise to an equitable mortgage, violated consumer protection statutes, or contravened...equitable mortgage and constituted a foreclosure scam, entitling her to relief under several theories. She further contended that the transactions were voidable by virtue of an alleged violation of this...

...Schram v Burt, 111 F.2d 557 (CA 6, 1940), wherein the court used the equitable mortgage doctrine to obligate a party on a mortgage that the party had not executed. However...the property had been held by the entireties, she became sole owner of the property upon her husband's death free of the mortgage. Ultimately, the court applied the equitable mortgage doctrine on the...). Defendant further argues that it should have an equitable lien or mortgage on the property. We disagree. Most equitable mortgage cases appear to...

..., 193 Md. 614, 69 A.2d 271 (1949). The theory underlying the equitable mortgage doctrine is that an instrument which is...or charge the land as a condition precedent to the invocation of the equitable mortgage doctrine. In that case, in which a mortgage executed without an affidavit of consideration was held to be an...equitable mortgage doctrine must be limited to situations where the person who executed the mortgage had the legal power to do so, and cannot be extended to cure mortgages which have been executed by persons...

.... Hargrove, 464 N.E.2d at 1230, 1231. In effect, the equitable lien concept subsumes the more narrowly tailored equitable mortgage doctrine. The legal invalidity or...unenforceability of a mortgage is the exact situation calling for application of the equitable mortgage doctrine. See G. Osborne, Handbook on the Law of Mortgages § 22, at p. 32 (2d ed. 1970...distinguishable because it involved a valid mortgage that had lapsed and terminated under the collateral real estate mortgage law. According to the Reiersons, unlike Gust, "no equitable mortgage can...

.... The equitable mortgage doctrine is a device used to prevent an avaricious lender from taking advantage of a distressed borrower. Even without avarice and distress, lenders have a...like the ceiling on interest imposed by the usury laws. Were it not for the doctrine of equitable mortgage, they would always take an absolute deed, with an option to the borrower to repurchase at a much higher figure. In order to give some guidelines, we set out in Merryweather v. Pendleton, 91 Ariz. 334, 372 P.2d 335 (1962), six conditions that influence the determination whether the doctrine of...the home from Mose. The transaction took the form of a deed from the Broussards to Cunningham. This action in the lower court was brought to have the court declare the conveyance to be an equitable...

...Corporation Law, in relation to corporate mortgages, may not be nullified upon the facts of this case by any application of the equitable mortgage doctrine; and there can be no valid corporate mortgage of real..., however, through learned counsel, contends that other legal and/or equitable considerations make the said mortgage valid, notwithstanding such lack of formal consent of stockholders. In passing, I may.... Jackman, supra, and Vail v. Hamilton, 85 N.Y. 453.) The plaintiff urges (1) that an equitable mortgage should be decreed, and (2...

.... a (1997) (discussing the courts' use of equitable-mortgage doctrine to counter attempts by lenders to avoid mortgagors' "equity of redemption"). In Minnesota, the contract for...the decision of the district court construing the agreement between him and respondents as an equitable mortgage rather than a contract for deed. The parties in this case have appeared before this...court in the past regarding this same issue. In 2002, the district court granted summary judgment in favor of respondent wife on her claim that father had an equitable mortgage and hence that father's...

...instant transaction was an absolute sale or, under the equitable mortgage doctrine, was actually a loan. If the former, federal law does not.... Under Virginia's equitable mortgage doctrine, a court may find that an instrument appearing to convey fee simple title is actually a mortgage loan in which the grantee holds a mortgagee's interest...Agreement. While the Court sympathizes with Clemons's plight, her characterization of the instant transaction as an equitable mortgage is unsupported by Virginia law. Because the...

...necessarily limited to the equitable mortgage doctrine. • 6 The essential elements of all equitable liens are (1) a debt, duty or obligation owing by one person to another and (2) a...court: Plaintiffs appeal from the dismissal by the circuit court of Du Page County of their complaint for an equitable mortgage. Because the complaint fails to state a cause of...an equitable mortgage. Named as defendants were Gerill Corporation, Gerald A. Heinz, and John F. Rosch ("defendants" collectively), as well as numerous other parties who, though having interests in the...

...legitimate conveyance. For these reasons, we conclude that Countrywide should be granted an equitable mortgage with priority over the other mortgage lenders to the extent it paid the mortgage loans of American Home Mortgage and American Brokers Conduit. Since its inception, Michigan has recognized the doctrine of...the mortgage conveyed to Countrywide is defective, an equitable mortgage arises. See Abbott, 1 Mich 181 (equitable mortgage doctrine overcomes legal defects in the mortgage), and...might prevent a valid mortgage from arising is cured by the equitable mortgage doctrine. We find that the requirements for an equitable mortgage are satisfied here. Countrywide...

...interest in the property. Rodney also urged the Court of Appeals to consider the equitable mortgage doctrine and view Carol's award as a lien against Rodney's property subject to discharge once Rodney paid...light. We also reject his theory that the divorce decree set up a lien or a mortgage in line with the equitable mortgage doctrine: the divorce decree made no mention of such conveyances and, as we have...her what he owed. Although the Court of Appeals did not specifically address Rodney's equitable mortgage argument, which he based on Fuqua v. Hanson...

...mortgage doctrine. Westmor characterizes the petitioners' complaint as a quiet title action to the premises. Thus, both parties recognize the petitioners' suit as one in equity. See Empire Ranch...a home in the 1970's. In 1980 they were unable to meet their mortgage payments and respondent, Westmor Investment Corporation (Westmor), offered them a Homeowner's Assistance Program. Petitioners...claim that as a result of their accepting this program, Westmor ended up with title to their home, their monthly "rental" payment to Westmor was twice the amount of their preexisting mortgage payments...

.... 54). BONY opposes the United States' motion and cross moves for summary judgment on Count II (Equitable Subrogation), Count V (Constructive Trust), and Count VI (Equitable Mortgage) of the amended complaint. (ECF No. 57). BONY argues that it enjoys a first-priority lien against 50% of the Property pursuant to the after-acquired property doctrine, and...as a legal mortgage because of some defect or infirmity in its execution, an equitable mortgage may be recognized, with priority over judgments subsequently obtained. See also Jackson v. County Trust Co., 176 Md. 505 (1939); W. Nat'l Bank of Balt. v. Nat'l Union Bank, 91 Md. 613 (1900); cf. Berman v. Berman, 193 Md. 614 (1949). The theory underlying the equitable mortgage doctrine is...). BONY has not shown that it is entitled to an equitable mortgage under local law. Although it is not necessary to decide here whether an equitable mortgage is established upon payment because the doctrine of...

...or an agreement that the debtor-grantor may repurchase the property. The indicia of an equitable mortgage transaction include the property having value greatly exceeding the consideration transferred, continued possession of the property by the seller, and periodic payments of money regarded as interest. Id. at §§ 125, 130, and 131. The Court notes that the equitable mortgage doctrine, applicable...equitable mortgage doctrine, this is a commercial transaction, not a transaction between family members or social acquaintances. WNL's primary case authority is Albers v. Nelson...for the consideration of extrinsic evidence when the doctrine of equitable mortgage is relied upon. Rather, when the assertion is that of an equitable mortgage, the Kansas courts have liberally admitted...

...also urged the Court of Appeals to consider the equitable mortgage doctrine and view Carol's award as a lien against Rodney's property subject to discharge once Rodney paid her what he owed...light. We also reject his theory that the divorce decree set up a lien or a mortgage in line with the equitable mortgage doctrine: the divorce decree made no mention of such conveyances and, as we have.... Although the Court of Appeals did not specifically address Rodney's equitable mortgage argument, which he based on Fuqua v. Hanson , 222...

...–77 (Minn.2002). The appeal highlights the intersection of two, usually unrelated legal precepts: the common-law equitable-mortgage doctrine and the statutory good-faith purchaser protection. The.... When the family members sought to evict her, she sued, asking the district court to declare that she had conveyed only an equitable mortgage to the family members and that the family members' legal...good faith under Minnesota Statutes section 508.25, and a jury found that the family members had only an equitable mortgage but not ownership. The homeowner appeals the dismissal of her mortgage...

...execution, an equitable mortgage may be recognized, with priority over judgments subsequently obtained." Lubin v. Klein, 232 Md. 369, 371 (1963) (internal citations omitted). "The theory underlying the equitable mortgage doctrine is...Complaint in the Circuit Court for Baltimore County for Specific Performance, Declaratory Relief, Breach of Contract, and Equitable Mortgage. They...Trust by not cooperating in securing the repayment of the Note with a first-priority lien on and against the Property, and requested damages in the amount of the loan. In Count IV, Equitable Mortgage...

..., based upon their representations and conduct in their bankruptcy case, from asserting their claims in this case; and (2) whether the transaction was actually a sale or, under the equitable mortgage doctrine, was...would no doubt be fine, and certainly persuasive, grounds for summary judgment in a typical contract case, the Moores have invoked Michigan's "equitable mortgage" doctrine in this case, as to which such...heavy burden of proof and he who invokes this equitable doctrine must furnish a preponderance of evidence whereby it is made `very clear' to the fact finder that the parties did not contemplate an absolute sale." Grant, 71 Mich. App. at 126, 246 N.W.2d at 350. Although there is no precise test for determining when an equitable mortgage should...