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https://www.jimersonfirm.com/blog/2011/12/pleading-requirements-for-establishing-an-equitable-lien-claim/
Dec 12, 2011 · An equitable lien claim can be based on either of two theories: equitable estoppel or unjust enrichment. It is important to determine which theory will be the basis for your claim as each has different pleading requirements. If pursuing an equitable lien claim under the theory...
https://www.realestatelawyers.com/resources/real-estate/property-liens/equitable-liens.htm
An equitable lien is a claim on a wrongdoer’s property that is placed by a court of equity, or through an equivalent legal proceeding. The goal of the equitable lien is to correct some injustice or wrongful act that has occurred, by placing a lien on the wrongdoer’s property, in favor of the party harmed by the wrongdoer’s actions.
https://www.legalmatch.com/law-library/article/equitable-lien.html
Equitable liens are a very specific type of lien. These are liens that are imposed by the court in order to maintain a certain degree of fairness or "equity" in the situation surrounding the property. They usually arise when one person holds possession of property for another person.
https://legalbeagle.com/6607703-equitable-lien.html
There are three typical forms of equitable restitution: a constructive trust, an equitable lien or an accounting. Equitable Lien A lien is a legal instrument which represents a claim made to property by someone besides the owner.
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://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.investopedia.com/terms/e/equitable-subrogation.asp
Equitable subrogation is a legal doctrine that allows a party that has made payments on behalf of another party to lay claim to the recovery of damages or funds from a third-party. Equitable ...
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://legal-dictionary.thefreedictionary.com/equitable+lien
The trust sought either a declaration that the estate held the property on constructive trust (and consequential orders), or an equitable lien over the property to secure the payment of a sum equal to the difference between the market value of the property and the amount paid for it by the family member.
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 purchase or improvement of the homestead.Location: 1075 Broken Sound Parkway NW, Suite 103, Boca Raton, 33487, FL
https://www.floridabar.org/the-florida-bar-journal/equitable-liens-and-construction-financing/
Equitable liens are judicially imposed against property in the absence of any statutory or contractual basis for the creation of a lien. 1 These liens arise in a number of different situations, 2 but the below discussion is limited to situations involving construction financing.
https://www.floridalegalblog.org/2009/06/equitable-lien-vendors-lien-unjust.html
"In Florida, an equitable lien is an appropriate remedy to prevent unjust enrichment between family members or those with close personal relationships." To state a cause of action based on unjust enrichment to justify the imposition of an equitable lien, Appellee had to meet the following requirements:
https://www.calrealestatelawyersblog.com/california-quiet-title-action-legal-vs-equitable-title-quiet-title-may-used/
Aug 18, 2016 · The California Quiet Title Action and Legal vs. Equitable Title – When a Quiet Title May Be Used by Law Office of James J. Falcone A Quiet Title action is a lawsuit which a person files to establish their title against adverse claims.
https://www.ftc.gov/system/files/documents/cases/american_precious_metals_357_order_granting_equitable_lien.pdf
In order to obtain an equitable lien on a 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 purchase or improvement of the homestead.
http://www.navado.com.au/articles/2013/02/02/what-is-an-equitable-lien/
What is an equitable lien? The majority decision of Hewett v Court (1983) 149 CLR 639 outlines the basic and definitive characteristics of an equitable lien.These include the following criteria: An equitable lien is a creature of the laws of equity, and can arise in a diverse set of circumstances;
https://caselaw.findlaw.com/us-supreme-court/272/517.html
Case opinion for US Supreme Court DIE DEUTSCHE BANK FILIALE NURNBERG v. HUMPHREY. Read the Court's full decision on FindLaw.
https://financial-dictionary.thefreedictionary.com/equitable+lien
equitable lien. A lien or charge on property arising because of some technical defect in a legal instrument such as a mortgage or because a court determines that the lien is only fair and just under the circumstances after considering all the facts.
https://www.flprobatelitigation.com/2017/09/articles/new-probate-cases/homestead-litigation/4th-dca-is-unjust-enrichment-enough-to-pierce-floridas-homestead-shield/
Sep 11, 2017 · Unjust enrichment is sufficient in these circumstances to permit an equitable lien against a homestead. The court did err, however, in including the $185,000 lien as part of the foreclosure proceeding. First, the complaint did not seek to impose that lien against appellant’s home.
https://www.sec.gov/Archives/edgar/data/1604627/000114420418033362/tv496181_ex10-1.htm
“Liens” means a lien, charge, pledge, security interest, encumbrance, right of first refusal, preemptive right or other restriction. “Material Adverse Effect” shall have the meaning assigned to such term in Section 3.1(b). “Material Permits” shall have the meaning ascribed to such term in Section 3.1(o).
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 ...
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