such, an equitable lien
using the third-party beneficiary theory as
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
The whole point of the equitable lien
is to foreclose subsequent creditors.
Sereboff: identifiable proceeds in the beneficiary's possession are subject to an equitable lien
Arguments in Support of Protection from Imposition of an Equitable Lien
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