Equitable Lien

Definition: A lien imposed by a court based on principles of fairness and justice, even though no formal lien instrument was created. Courts impose equitable liens to prevent unjust enrichment and protect parties who have contributed value to a property.

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What Is an Equitable Lien?

Most liens are created by contract (a mortgage) or by statute (a construction lien, a tax lien). An equitable lien is different. It is created by a court order when justice demands it, even though no written agreement or statute authorizes the lien.

An equitable lien is the court's way of saying: "One party has been unjustly enriched at the other's expense, and the only fair remedy is to impose a lien on the property to secure repayment."

When Florida Courts Impose Equitable Liens

Priority

Equitable liens generally take priority as of the date they are imposed by the court, which means they are typically junior to pre-existing recorded liens. However, in fraud cases, courts may impose an equitable lien with priority over all other liens to ensure the fraud victim is made whole.

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Barnes Walker Lien Litigation

Barnes Walker's litigators petition Florida courts for equitable liens when our clients have been unjustly enriched or defrauded, and defend property owners against improperly sought equitable lien claims. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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