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What Is an Equitable Lien? | Legal Beagle
https://legalbeagle.com/6607703-equitable-lien.html
An equitable lien is one of several equitable remedies which force one party to relinquish a benefit he has received wrongfully (meaning, at another party's expense). To be what is called an "equitable remedy," an equitable lien must be obtained from a court of equity. Those with questions about equitable liens should seek legal assistance.
Equitable Lien | LegalMatch
https://www.legalmatch.com/law-library/article/equitable-lien.html
Equitable liens are a very specific type of lien. These are liens that are imposed by the court in order to maintain a certain degree of fairness or "equity" in the situation surrounding the property. They usually arise when one person holds possession of …
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
Equitable tracing: the need for a fiduciary relationship. ... A Lien. A lien will entitle the claimant to take possession of the asset and retain the asset until the defendant pays the claimant the amounts that are owed. In the above example where the traced asset is a ruby which is not expected to increase much in value, then the claimant may ...
Equitable Liens | RealEstateLawyers
https://www.realestatelawyers.com/resources/real-estate/property-liens/equitable-liens.htm
Rather, an equitable lien is a remedy that is available to judges and courts in the context of a civil lawsuit that alleges a party's wrongdoing, so as to compensate and/or remedy the party that was financially harmed by the other's misdeeds. Therefore, a court order is typically required in order to impose an equitable lien on a party's property.
Equitable Liens | South Florida Fraud Litigation Lawyer ...
https://www.forkeylaw.com/equitable-liens.html
In order to obtain an equitable lien on Florida homestead, a plaintiff must establish by a preponderance of the evidence: (1) the existence of fraudulent or egregious conduct, and (2) the tracing of funds from that conduct to the purchase or improvement of the homestead.
Equitable Liens – Liens
https://liens.uslegal.com/contractors-and-liens/types-of-liens/equitable-liens/
An equitable lien is a legal fiction created by courts in certain circumstances in which justice may require the creation of a lien. Courts of equity have the power to create so-called equitable liens on property to correct some injustice. For example, a person who lived on the property and contributed a substantial amount to the improvement of ...
Tracing Equity | Texas Law Review
https://texaslawreview.org/tracing-equity/
Equitable Realization uses tracing principles to allocate a firm’s value between asset-based and firm-based claimants and to preserve that allocation over time. First, it fixes the relative positions of secured and unsecured claims when a bankruptcy petition is filed.
Principles of Tracing - Kornfeld LLP
https://kornfeldllp.com/2021/06/principles-of-tracing/
Tracing is ancillary to equitable, common law and statutory remedies, including constructive trusts, equitable liens or charges and orders relating to fraudulent conveyances. Complexities may arise in tracing claims into a fund or assets to which there are competing claims.
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
Tracing allows transmission of legal claims from the original assets to either the proceeds of sale of the assets or new substituted assets. Tracing ordinarily facilitates an equitable remedy, and is subject to the usual limitations and bars on equitable remedies in common law countries.
Choosing remedies in tracing claims - Alastair Hudson
http://www.alastairhudson.com/trustslaw/Remediestracing.pdf
Having considered the nature of the tracing process, it is important to consider the types of claim and the forms of remedy which might be imposed as a result of it. The two principal remedies are the charge 157 and the constructive trust; 158 although resulting trust, 159 equitable compensation, 160 lien 161 and subrogation 162 are also ...
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