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https://www.jimersonfirm.com/blog/2011/12/pleading-requirements-for-establishing-an-equitable-lien-claim/
Dec 12, 2011 · If pursuing an equitable lien claim under the theory of equitable estoppel, a party must also show that there is proof of fraud, misrepresentation or some …
https://www.legalmatch.com/law-library/article/equitable-lien.html
In the event that there is a dispute over a lien or over an equitable lien, the court may need to intervene in order to help the parties reach a conclusion on the matter. Here, the court may review various items of evidence, such as records of transfer or other previous transactions involving the property.
https://legalbeagle.com/6607703-equitable-lien.html
Courts place equitable liens on property when the defendant appropriated that property wrongfully (through undue influence, fraud, threats, etc.). In the cases where a defendant improved property that he rightfully owned by using property that he wrongfully obtained, courts will often place an equitable lien on the rightfully owned property as well.
https://www.realestatelawyers.com/resources/real-estate/property-liens/equitable-liens.htm
As obtaining an equitable lien necessarily requires one to file a civil lawsuit and obtain a court order imposing the lien, retaining the services of an experienced attorney is essential. Therefore, an attorney will be instrumental in filing the appropriate documents to initiate the lawsuit, proving the claim of wrongdoing, and requesting that the court impose an equitable lien on the wrongdoer’s property.
https://content.next.westlaw.com/Document/If56ae70c4eae11e89cdca2392a7aa8cb/View/FullText.html?contextData=(sc.Default)
View on Westlaw or start a FREE TRIAL today, § 10:25.70.Complaint—to impose and foreclose equitable lien, Secondary Sources
https://www.salawus.com/insights-alerts-2017EquitableSubrogationinRealEstate.html
Oct 27, 2017 · In order to assert an equitable lien, a plaintiff must allege a debt, duty or obligation owed to it by the defendant, and the existence of a res – an asset that in some way is particularly related to the debt or obligation. Id., at 931. Courts have also applied such liens in cases where fraudulent mortgage payoffs have occurred. In CitiMortgage v.
https://www.floridabar.org/the-florida-bar-journal/equitable-liens-and-construction-financing/
In Rinker, the Florida Supreme Court articulated the basis for imposing an equitable lien under the theory of equitable estoppel: “ [A] party may successfully maintain a suit under the theory of equitable estoppel only where there is proof of fraud, misrepresentation, or other affirmative deception.
https://repository.law.miami.edu/cgi/viewcontent.cgi?article=3127&context=umlr
EQUITABLE LIEN equitable lien is available as an alternative remedy to the constructive trust, whereas in other situations it is not. Thus, if the defendant wrong-fully uses money of the plaintiff in purchasing property, the plaintiff is entitled at his option either to a constructive trust or an equitable lien.'Author: Ralph A. Boyer, Barry Kutun
https://info.legalzoom.com/difference-between-constructive-trust-equitable-lien-24653.html
Equitable Lien. Equitable liens are used when the defendant has either wrongfully acquired someone else's property, or has made improvements to a piece of property using funds he obtained unfairly. When this happens, the defendant owes a debt to the plaintiff. The equitable lien …
https://www.floridalegalblog.org/2009/06/equitable-lien-vendors-lien-unjust.html
Equitable Lien, Vendor's Lien, Unjust Enrichment, Merger, etc. In Golden v. Woodward (1D08-3324) , the First District affirmed the trial court's final judgment that "is entitled to an "equitable lien" or "vendor’s lien" in the amount of $89,000.00 against Appellants on certain real property that is the subject of an earlier agreement between ...
https://www.forkeylaw.com/contract-and-other-disputes/equitable-liens/
Once an equitable lien is imposed, the property can be sold and the proceeds applied in favor of the lien holder. In order to obtain an equitable lien on Florida homestead, a plaintiff must establish by a preponderance of the evidence: (1) the existence of fraudulent or egregious conduct, and (2) the tracing of funds from that conduct to the ...Location: 1075 Broken Sound Parkway NW, Suite 103, Boca Raton, 33487, FL
https://www.flabusinesslaw.com/dispute-resolution-2/equitable-lien-on-homestead-upheld/
The trial court denied foreclosure of the mortgage, but imposed an equitable lien on the property for the amount of the taxes paid on the property and that portion of the mortgage which had been used to satisfy the pre-existing mortgage. On appeal, the Fourth District reversed the equitable lien,...
https://www.ftc.gov/system/files/documents/cases/american_precious_metals_357_order_granting_equitable_lien.pdf
Order Granting Motion for Equitable Lien. This matter is before the Court on the Federal Trade Commission’s (“FTC’s”) Motion for Equitable Lien on the Homestead of Defendant Sam J. Goldman. (ECF No. 339). The FTC filed this action under Sections 13(b) and 19 of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C.
http://www.assetprotectionfl.com/2015/09/foreclosure-equitable-lien-florida-homestead/
Sep 14, 2015 · A judgment creditor may be entitled to an equitable lien on the homestead for the amount of money obtained by fraud or other egregious actions a judgment and subsequently used to purchase or improve a homestead. The creditor my trace the money wrongfully obtained in to the debtor’s home.
http://www.mpdlegal.com/blog/florida-s-first-district-court-of-appeal-weighs-in-on-unresolved-lender-liability-question-and-statute-of-limitations-issue/
May 01, 2015 · The trial court granted summary judgment to Hancock on: 1) Jax’s equitable lien claim because Jax did not file suit within the statute of limitations set forth in section 95.11(5)(b), Florida Statutes, and 2) Jax’s common law claims of equitable lien and unjust enrichment because section 713.3471, Florida Statutes, afforded Jax’s sole ...
http://www.businessdictionary.com/definition/equitable-lien.html
equitable lien: Claim on goods or property conferred by law, whether or not the lienor has their possession. A vendor's lien is an example of equitable lien and is enforceable on all buyers who are aware (are given notice) of the lien's existence. See also possessory lien.
https://legal-dictionary.thefreedictionary.com/equitable+lien
An equitable lien was recognized as a claim in equity if the property "The basic premise of an equitable lien by agreement is that, rather than physically taking the plaintiff's property, the defendant constructively possesses a fund to which the plaintiff is entitled," Thomas writes in the opinion for the majority.
https://www.dacbeachcroft.com/en/gb/articles/2018/may/nature-and-effect-of-the-solicitors-equitable-lien/
May 30, 2018 · E brought a claim against H for wrongfully inducing the clients to breach their retainer and intentionally cause them a loss. E sought equitable enforcement of its solicitors' lien. The trial judge rejected the claims by concluding that there was no collusion between H and the claimants to cheat E. H was not on notice of the terms of the retainers.
https://en.wikipedia.org/wiki/Equitable_lien
A lienee who sells the chattel unlawfully may be liable in conversion as well as surrendering the lien. Equitable lien. In common-law countries, equitable liens give rise to unique and difficult issues. An equitable lien is a nonpossessory security right conferred by operation of law, which is similar in effect to an equitable charge. It ...
https://consumerfsblog.com/2016/01/florida-court-holds-no-equitable-lien-by-ratification-as-to-non-signing-owners/
Jan 05, 2016 · The trial court entered final judgment of foreclosure based on an equitable lien and the doctrine of ratification, but stayed enforcement until the parents no longer resided in the property. The court also ordered the parents to pay the property taxes advanced by the lender and taxes going forward if they had the ability to do so.
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