equitable lien


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equitable lien

n. a lien on property imposed by a court in order to achieve fairness, particularly when someone has possession of property which he/she holds for another. (See: equity, constructive trust, lien)

References in periodicals archive ?
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.
398) Accordingly, when the damage occurs, the mortgage lender is deemed to have an equitable lien on the proceeds of the insurance.
T]he underlying purposes of a constructive trust and equitable lien [are] applicable to the circumstances of this case .
Accordingly, the broker sued the buyer for the commissions on the legal theory that it had an equitable lien for her commissions.
In contrast, a plaintiff could seek restitution in equity, ordinarily in the form of a constructive trust or an equitable lien, where money or property identified as belonging in good conscience to the plaintiff could clearly be traced to particular hinds or property in the defendant's possession.
The district court held that, under Vermont law, a contingent fee agreement between taxpayer and attorney gives rise to an equitable lien in favor of the attorney on the taxpayer's recovery, effecting a transfer to the attorney of a proprietary interest in the taxpayer's claim under Est.
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 California Department of Corporations' press release states that the Department seeks, among other things, to obtain an equitable lien against Lloyd's premiums trust funds in the United States in the amount of $500 million, and that this is the amount attributable to California names.
55 million in cash plus a subordinated promissory note in the amount of $15 million, in exchange for the release of its equitable lien on a portion of the property.
Can a circuit court impose an equitable lien against homestead realty owned by a payor former spouse/parent for delinquent support?
Roger Baron, a law professor at the University of South Dakota who has written about subrogation and reimbursement issues in personal injury claims, said the Court's decision was narrow, holding only that a claim for contractual reimbursement could be the basis for an action for an equitable lien.