...property settlement become a charge against the obligor spouse's estate does not create a lien upon the obligor spouse's property passing at death. [3] Liens — Equitable Lien — Elements — Particular...Item. An equitable lien will not be imposed unless the parties intended to impress a particular fund or thing as security for the payment of a debt. Trusts — Constructive Trust — Elements — Unjust...Appeals: Holding that the plaintiff's claim did not constitute a lien upon the property passing to the second wife and that no basis existed for imposing an equitable lien or a constructive trust...

.... ¶11 Sorenson appealed the trial court's imposition of the equitable lien. Division One of the Court of Appeals reversed the trial court's imposition of the lien, concluding that it had no authority to impose the equitable lien against Sorenson's property for the reason that the necessary elements for...lien." Sorenson v. Pyeatt, noted at 126 Wn. App. 1047, 2005 Wash. App. LEXIS 593, at *10. The Court of Appeals then struck down the equitable lien, stating that two of the "necessary elements for...Appeals noted that none of these three "purposes is present here." Sorenson, 2005 Wash. App. LEXIS 593, at *11. Thus, it held that the trial court had no authority to impose an equitable lien against Sorenson's property because the "necessary elements for...

...declaring that the appellee is entitled to an equitable lien upon appellant's property. The main thrust of the appeal is that facts sufficient to create an equitable lien are not established. Our review of the record convinces us that the dealings between the parties disclose the essential elements of...in order to establish an equitable lien in favor of the supervisor-laborer who was the plaintiff in the cause. See Merritt v. Unkefer, Fla. 1969, 223 So...

..., McPherson first contends that plaintiffs are not entitled to an equitable lien on his property inasmuch as the requisite elements for such a lien are absent. An equitable lien on...them that they were on his property. Plaintiffs filed the instant complaint to impress an equitable lien upon McPherson's property which they claim was benefited by converting it to a worm farm...McPherson's rejection was communicated to them by Tripp Snyder. At most, plaintiffs are entitled to equitable lien for the three month period, April-June 1974. Appellant secondly...

...there was unjust enrichment, it inured to Anna McIntyre Cassidy, not to the purchasers from her. Nor was there an equitable lien upon the property. Equitable lien is defined in Restatement, Restitution, p. 650, sec. 161: "Where property of one person can by a proceeding in equity be reached by another as security for a claim on the ground that otherwise the former would be unjustly enriched, an equitable lien arises." The essential elements of...equitable lien were stated in Marshall Savings Loan Asso. v. Chicago Nat. Bank (1965), 56 Ill. App.2d 372, 378, 206 N.E.2d 117: "The essential elements of...Louis F. McIntyre and his mother contemporaneously with the conveyance by Louis of his interest in the property to his mother, by quitclaim deed, created an equitable lien which could be enforced by...

....) VRG instituted this action against GKN, seeking to impose an equitable lien on the monthly rental payments from tenants it had obtained to secure payment of its earned but unpaid commission. The Court summarizes the essential elements of...impose an equitable lien on the rental income derived from those tenants after the sale of the shopping center to a new owner who, although..., seeking a declaration imposing an equitable lien against the shopping center's rental income. The trial court determined that the broker was not entitled to an equitable lien and dismissed the complaint...

...to trace the elements of estoppel, resulting trust, or any similar equitable doctrine in support of a lien on the property as opposed to the specified fund, which fund is in no way relevant to the..., on property owned by petitioners, an equitable lien for architectural services. The appellate court reversed an order dismissing the complaint, the opinion concluding that the absence of allegation...disposition of this suit. Our study of the cases indicates that the award of an equitable lien based on unjust enrichment or "general consideration of right and justice" has in each instance been...

...alimony arrearages be secured by imposition of an equitable lien on the balance of the Husband's retirement funds. The Husband claims that the trial court imposed the equitable lien "without any notice or discussion and substantively erred by issuing that equitable lien with no facts, discussion, or finding of facts regarding the elements required...reconsideration. We affirm in part and reverse in part, remanding the case with instructions to set forth specific findings of special circumstances to support the imposition of an equitable lien on the Husband's...for issuance of an equitable lien." We agree, as...

...the elements of an equitable lien or a conversion. It is from that judgment that Small appeals. We review the grant of a motion to dismiss...the elements necessary to establish an equitable lien, and second, that even if he had, the bankruptcy court's Agreed Order gave the Bank a post-petition superpriority lien on Muench's assets..., Bankruptcy Law Manual § 5.11 at 5-52 (1986). Moreover, under Illinois law, an equitable lien is ineffective against a creditor obtaining a lien by legal proceedings. Matter of Einoder, 55 B.R. 319, 328 (Bank.N.D.Ill. 1985). Second, even if we accept Small's argument regarding priority between liens, the record reveals that he has failed to establish the elements of...

...Pomeroy's Equity Jurisdiction § 1235 (5th ed. 1941)). . . . [T]he essential elements of an equitable lien are (1) a debt, duty or obligation owing by one person to another, and (2) a res to...equitable lien. We look to state law to determine whether property is an asset of a debtor. Weng v. Farb, In re K L...Limited, 741 F.2d 1023, 1030 N. 7 (7th Cir. 1984). In Illinois, an equitable lien arises in two situations, the first of which occurs where the parties...

...lien on the reversion. No case is cited. The essential elements of an equitable lien include a debt, duty, or obligation owing by one person to another, and a res to which that obligation fastens..., "* * * the State shall have a lien upon all legal and equitable interests of recipients in real property * * *." The deed in trust provided, "The interest of each and every beneficiary..., 300 Ill. App. 329.) It therefore follows that since the beneficiary had no title or interest in the real estate either legal or equitable, the statutory lien could not attach to the real...

.... Bank's motion, because these two elements of the equitable lien doctrine are undisputed. As to the key issue in deciding this motion — whether there exists a deficiency on the mortgage — U.S. Bank does not...insurance coverage dispute, the assignee of a mortgagee moves for partial summary judgment against an insurer, seeking to establish under the Texas equitable lien doctrine that it should be treated as if...). In the instant suit, U.S. Bank moves for partial summary judgment, contending that the Texas equitable lien doctrine compels Safeguard to treat U.S. Bank as if it were listed as an...

...equitable lien. The foregoing facts reflect that the necessary elements for the imposition of an equitable lien are present in this case. First, Mohag was at all times aware of the...invalid. We find that Juarez is entitled to the imposition of an equitable lien and affirm. Cents are omitted throughout the...whether this case presents an instance where the trial court imposed an equitable lien, we solicited the views of the parties on this issue prior to oral argument. (Govt. Code, § 68081...

...reimbursement of overpaid long-term disability benefits. Unum has not shown that it is seeking equitable relief because it has not satisfied the elements for an equitable lien by agreement, which is the only form of equitable relief Unum has asserted. These elements are...to relief under ERISA because it “has an equitable lien by agreement over the long-term disability benefits that it overpaid to Bilyeu.” Id. at 1. Bilyeu opposed the motion, arguing that Unum...could not satisfy the requirements for an equitable lien by agreement because it could not establish that the overpaid LTD benefits remained in her possession. Clerk's Record 30 at 2. The parties...

...of an equitable lien on the balance of the Husband's retirement funds. The Husband claims that the trial court imposed the equitable lien "without any notice or discussion and substantively erred by issuing that equitable lien with no facts, discussion, or finding of facts regarding the elements required...reconsideration. We affirm in part and reverse in part, remanding the case with instructions to set forth specific findings of special circumstances to support the imposition of an equitable lien on...for issuance of an equitable lien." We...

...wife, by the administrator of the husband's estate are applied by said administrator to the benefit of the minor heirs of the wife, will not create an equitable lien in favor of the purchaser at such sale on the property sold. 4. — Equitable Lien — Essential Elements. The...foundation of every equitable lien is a contract, express or implied...an equitable lien on the property so sold. FLY, ASSOCIATE JUSTICE. — This suit...

.... 1985). In this case, the contingent fee contract creates an equitable lien in the proceeds. The elements of an equitable lien are (1) a debt, duty or obligation owing by a person...claiming as the only issue whether he had a perfected attorney's lien, or in the alternative an equitable lien, a charging lien or a retaining or possessory lien against the proceeds of the settlement...lien in, or in the alternative, an equitable assignment of, the proceeds of the settlement check; therefore, as a secured creditor, he would receive the same whether the Debtor filed a Chapter 7 case...

... 4 There is some inconsistency in Utah case law regarding the elements of a constructive trust or an equitable lien. In 2007, the Utah..., 1248 (Utah 1998) (citation omitted) (cited by Rawlings I, 240 P.3d at 765-66). If a constructive trust or an equitable lien would alter a deed to real property, the constructive trust/equitable lien elements must...established the elements of an equitable lien against the Naomi Circle property, the court imposes a lien for the estimated value of the labor provided by Mohr and his crew: $64,400. 3) The...

...In re Carpenter, 245 B.R. 39 (Bankr.E.D.Va.2000) for the proposition that an equitable lien is not subject to avoidance under section 522. Debtor responds that ServiceMaster does not have an equitable lien because it chose its remedy when it pursued a money judgment against Debtor. Debtor argues that ServiceMaster is not entitled to a further remedy against her. Debtor also contends that the elements for...First Fed., 450 S.E.2d at 81). ServiceMaster does not have a judgment recognizing an equitable lien. ServiceMaster sought and obtained its chosen remedy in the form of a liquidated money judgment against Debtor. ServiceMaster requests that the Court now enter a judgment that it has an equitable lien on Debtor's property. However, ServiceMaster has not proven all of the elements necessary...equitable lien on Debtor's residence which is not subject to avoidance. ServiceMaster claims that all the requirements for an equitable lien are present and relies on...

.... CARL E. STEWART, Circuit Judge: The court below granted summary judgment on plaintiff-appellant's claim for an equitable lien. Specifically, it held that plaintiff-appellant could not point to a genuine issue of material fact as to any of the requisite elements for..., granted summary judgment in favor of the Trust Subsidiaries. The court reasoned that Klesch could not point to a genuine issue of material fact as to any of the three elements of an equitable lien claim...)). II The district court held that to obtain an equitable lien, Klesch had to satisfy three elements: (1) that there exists an express or...