equitable lien


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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.

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Second, the court cited as harm the fact that in the two years before judgment was entered, interest exceeding $300,000 had accrued and was included in the equitable lien amount.
The whole point of the equitable lien is to foreclose subsequent creditors.
In this case, state (Vermont)law provides, "[w]here the parties have contracted that the attorney shall receive a specified amount of the recovered fund, such agreement will create an equitable lien on the fund in favor of the attorney to the extent of the amount stipulated" (Est.
The court authorized a bankruptcy trustee to impose an equitable lien and constructive trust on the proceeds from the sale of homestead property on the grounds that most, if not all, of the funds used to purchase the property could be traced directly to fraud.
The Cotnam court reasoned that Alabama law granted the attorney an equitable lien that operated as a transfer of that portion of the award to the lawyer.
The action was in response to a letter from MBI dated February 17, 1998 in which MBI asserted "an equitable lien and constructive trust on any proceeds from the development of LIDAKOL.
1993), in which the Florida Supreme Court placed an equitable lien on the homestead in which a husband obtained a mortgage loan on the homestead by forging his wife's signature on the loan documents.
15) Barring fraud or equitable estoppel, an unpaid contractor usually has an equitable lien on undisbursed funds if a project is completed but not fully funded.
4) While the term "unjust enrichment" is commonly used as a label for a remedy, this author finds it more conceptually satisfying to think of its being the general wrong giving rise to specific equitable remedies, such as constructive trust, restitution, and equitable lien.