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Fraud over lien leads to question for Florida Supreme Court
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Court Report
Wednesday, October 10, 2018
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A Florida case involving the failure to discover a prior lien on a mortgage that was foreclosed upon led to parties disputing unjust enrichment, and the district court of appeals to certify a question of great public importance to the state supreme court. In reversing a portion of the trial court decision, the District Court of Appeal of Florida, Fifth District, found that the defendants were not unjustly enriched because justifiable reliance was not an essential element of fraudulent misrepresentation. The court certified to the state supreme court a question of whether its most recent ruling in the matter overruled its previous decisions on the matter.
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