But, the equitable lien
established and recognized as enforceable
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.
such, an equitable lien
using the third-party beneficiary theory as
The whole point of the equitable lien
is to foreclose subsequent creditors.
It alleged breach of contract and sought money, to be sure, but it sought its recovery through a constructive trust or equitable lien
on a specifically identified fund, not from the Sereboffs' assets generally, as would be the case with a contract action at law.
It is the bonding company that has the equitable lien
in funds owed to the debtor by the owners.
In this case, the trust could have sought a remedy in the form of an order requiring the estate to pay to it a sum equal to the difference between the market value of the property and the amount paid for it by the family member, but not secured by an equitable lien
Sereboff: identifiable proceeds in the beneficiary's possession are subject to an equitable lien
One of the theories was that the lien waiver released Stovall's claim against the bond, thereby releasing funds held by the owner from an equitable lien
by the bonding company.
608(2) to permit the personal representative to obtain an equitable lien
for expenditures to preserve or protect the decedent's homestead real property until its homestead status had been determined.
The Supreme Court agreed with the lender's assertion that it was entitled to an equitable lien
subrogated to the position of the prior mortgages noting that the former wife stood in no worse position and otherwise would have received a $930,000 windfall.