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Author Topic: Unclean Hands is defense to Foreclosure  (Read 7056 times)
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« on: December 08, 2006, 12:47:14 PM »

2003 Fla. App. LEXIS 17613,*;864 So. 2d 24;
28 Fla. L. Weekly D 2676
CARROLL & ASSOCIATES, P.A. Appellant, vs. RAFAEL GALINDO, ETC., ET AL., Appellees.
CASE NO.: 3D03-916, CONSOLIDATED: 3D02-1345
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
864 So. 2d 24;2003 Fla. App. LEXIS 17613;28 Fla. L. Weekly D 2676
          November 19, 2003, Opinion Filed


See Limner v. Country Pines Condo. Ass'n, Inc., 709 So. 2d 154 (Fla. 4th DCA 1998)(confirming that the unclean hands doctrine applies to the equitable remedy of foreclosure); Knight Energy Servs., Inc. v. Amoco Oil Co., 660 So. 2d 786, 789 (Fla. 4th DCA 1995)(holding that a "foreclosure action is an equitable proceeding which may be denied if the holder of the note comes to the court with unclean hands or the foreclosure would be unconscionable"); Lamb v. Pike, 659 So. 2d 1385, 1387 (Fla. 3d DCA 1995)(stating that unclean hands is a valid equitable defense to a foreclosure action); Sponder v. Equity Capital Co., 248 So. 2d 251, 252 (Fla. 3d DCA 1971)(finding that a junior mortgagee with unclean hands should be denied the equitable relief of foreclosure).

To allow a court to rule on a matter without proper pleadings and notice is violative of a party's due process rights. See Epic Metals Corp. v. Samari Lake East Condo. Ass'n, Inc., 547 So. 2d 198, 199 (Fla. 3d DCA 1989)("[a] trial court violates a litigant's due process rights when it expands the scope of a hearing to address and determine matters not noticed for hearing"); Robinson v. Malik, 135 So. 2d 445 (Fla. 3d DCA 1961)(a final judgment that "goes beyond the issues framed in the pleadings and beyond the proof adduced" is a "clear departure from the requirements of due process of law").
 
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