The Florida Supreme Court, noting the policy of liberal construction of the homestead exemption and the rule of strict construction as applied to these exceptions, analyzed the intersection of the FUFTA and the homestead exemption in the context of civil and criminal forfeitures, and equitable lien
An equitable lien
was recognized as a claim in equity if the property
"The basic premise of an equitable lien
by agreement is that, rather than physically taking the plaintiff's property, the defendant constructively possesses a fund to which the plaintiff is entitled," Thomas writes in the opinion for the majority.
the construction loan may provide another obstacle to an equitable lien
(398) Accordingly, when the damage occurs, the mortgage lender is deemed to have an equitable lien
on the proceeds of the insurance.
The Court contrasted that situation from when a plaintiff seeks to impose a constructive trust or equitable lien
upon a specifically identified piece of property or fund.
Accordingly, the broker sued the buyer for the commissions on the legal theory that it had an equitable lien
for her commissions.
When a debtor has a payment bond, their bonding company has an "equitable lien
by right of subrogation" on all money owed the debtor on the project.
Echoing the ruling in Great-West, the Sereboff Court found that one feature of equitable restitution is the imposition of a "constructive trust" or "equitable lien
" on "particular funds or property in the.
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.
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.