Equitable lien - sustany/dvg GitHub Wiki

An equitable lien is a type of lien imposed by a court for reasons of fairness rather than created by statute. An equitable lien can�arise regardless of whether or not the creditor has physical possession of the property involved.�

As seen in First Banc Real Estate v. Johnson, an equitable lien can only be created if there exists:

• A duty or obligation owed by one person to another;
• A property interest to which that obligation fastens and which can be identified;
• An intent, express or implied, that the property to which the equitable lien is attached serve as security for the payment of the debt or obligation.