More On Equitable Mortgage & Usury (Florida)

22 Affirmative Defenses To Stop Foreclosure. What is an affirmative defense? In Criminal and Civil law, an Affirmative defense is a fact or set of facts that if proven by the defendant, nullifies or mitigates the legal consequences of the defendant’s otherwise unlawful conduct.. How can it help me stop foreclosure?

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Equitable mortgages generally operate like legal mortgages, but in case of default, the legal mortgage debt on a property receives satisfaction before that of any equitable mortgage. The equitable mortgage holder’s rights to the property also dissolve if a third party that does not know of the equitable mortgage buys the property.

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Recently, I was quoted in a South Florida Sun-Sentinel. bills are almost as much as the mortgage payment. No one can afford that. Owners of non-homesteaded , rental housing and commercial property.

Florida law does not use the term "personal loan" at all. Florida statute 687.03 is the usury statute. It provides generally that the maximum interest rate that may be charged on a loan is 18% simple interest unless the loan principal exceeds $500,000, in which case an alternate rate of interest is used for usury.

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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.[1]. the note and chattel mortgage given.

Florida interest rate laws are stated in Florida Statutes, Title 55(Civil Practice and Procedure), Chapter 55(Judgments), and Title 39(Commercial Relations), Chapter 687(Interest and usury; lending practices).