Chapter 3-4 Laches

• Jurisdiction: United States

3-4 Laches

"Laches is an omission to assert a right for an unreasonable and unexplained length of time, under circumstances prejudicial to the adverse party."¹¹⁹ The required prejudice must manifest in the form of a legally cognizable loss or injury.¹²⁰ "Within the unique context of mortgage foreclosure law, any delay by the mortgagee in enforcing its rights generally acts to the property owner's benefit in permitting him or her to remain in the property and cannot amount to legal prejudice."¹²¹

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Notes:

^[119] Ticktin v. Kearin, 807 So. 2d 659, 663 (Fla. 3d DCA 2001).

^[120] Avelo Mortg., LLC v. Vero Ventures, LLC, 254 So. 3d 439 (Fla. 4th DCA 2018).

^[121] Avelo Mortg., LLC v. Vero Ventures, LLC, 254 So. 3d 439 (Fla. 4th DCA 2018); but see Travis Co. v. Mayes, 36 So. 2d 264, 265-66 (Fla. 1948) (applying laches to prevent foreclosure where: defendant erroneously believed she owned the property through a tax deed that was eventually shown to be void; defendant immediately began paying the property taxes; true owner executed a mortgage on the property one year after defendant acquired the void tax deed; defendant continued paying property taxes for 25 more years; defendant took possession 10 years l ater and made substantial improvements, including: repairing the foundation, putting on a new roof, installing plumbing upstairs and down, and wiring the house for electricity; defendant continued in possession for 15 years continuously...