ISAURO CAMPANI
v.
BANKUNITED, N.A., ETC.
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[1] A party may be entitled to an equitable lien against homestead property when they have been defrauded in obtaining a loan used to satisfy preexisting mortgages on that pr…
[2] Equitable liens can be imposed on homestead property when a party's conduct would otherwise result in unjust enrichment.
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PER CURIAM.
Affirmed. See Palm Beach Sav. & Loan Ass’n, F.S.A. v. Fishbein, 619 So. 2d 267, 270–71 (Fla. 1993) (finding appellant bank, which issued loan to appellee secured by mortgage on homestead residence, was entitled to equitable lien against said property where appellee fraudulently obtained loan and used it to satisfy preexisting mortgages on homestead property); Randazzo v. Randazzo, 980 So. 2d 1210, 1212–13 (Fla. 3d DCA 2008) (holding appellant’s conduct was sufficient to warrant imposition of equitable lien on her homestead property after appellant sold marital residence and used sale proceeds to purchase new homestead property rather than pay proceeds to appellee, in violation of marital settlement agreement); Renda v. Price, 47 Fla. L. Weekly D1589, D1590 (Fla. 4th DCA July 27, 2022) (reversing trial court’s finding that appellee could not foreclose on equitable lien on appellant’s homestead property where disallowing foreclosure would unjustly enrich appellant).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isauro Campani v. Bankunited, N.A., 47 Fla. L. Weekly D1589 (Fla. 3d DCA 2022)
Authorities Cited
- Randazzo v. Randazzo, 980 So. 2d 1210 (Fla. 3d DCA 2008)
- Isauro Campani v. Bankunited, N.A., 47 Fla. L. Weekly D1589 (Fla. 3d DCA 2022)