Chapter 3-4 Laches

JurisdictionFlorida

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...

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