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LSDefine

Simple English definitions for legal terms

equitable lien

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A quick definition of equitable lien:

An equitable lien is a type of lien that a court can impose to make things fair. It doesn't matter if the creditor has the property or not. To create an equitable lien, there must be a duty or obligation owed by one person to another, a property interest that the obligation is attached to, and an intent that the property be used as security for the debt or obligation.

A more thorough explanation:

An equitable lien is a type of lien that is imposed by a court to ensure fairness between parties involved in a dispute. Unlike other types of liens, an equitable lien is not created by statute and can be imposed even if the creditor does not have physical possession of the property.

For an equitable lien to be created, the following conditions must be met:

  • There must be a duty or obligation owed by one person to another.
  • There must be a property interest to which that obligation is attached and which can be identified.
  • There must be an intent, either express or implied, that the property to which the equitable lien is attached serves as security for the payment of the debt or obligation.

For example, in the case of First Banc Real Estate v. Johnson, an equitable lien was created because the defendant owed a debt to the plaintiff and the debt was attached to a specific property. The court imposed an equitable lien on the property to ensure that the debt was paid.

Another example of an equitable lien is when a contractor performs work on a property but is not paid by the owner. The contractor can seek an equitable lien on the property to ensure that they are paid for their work.

Overall, an equitable lien is a tool used by courts to ensure fairness between parties involved in a dispute. It can be imposed even if the creditor does not have physical possession of the property and is only created when specific conditions are met.

equitable estoppel | equitable ownership

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16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
16:54
i hope you guys all have a very lovely holiday season
17:02
has everyone finished procuring their presents?
17:02
I got my sis a vintage leather jacket off ebay she’s gonna freak she only has fake stuff
hi all
CynicalOops
17:14
Ive been slacking so hard on tickets fawk
CynicalOops
17:14
Wait
CynicalOops
17:14
Presents
CynicalOops
17:14
Im just gonna get everyone tickets so thats why i said that
jackfrost11770
17:14
people are so stupid on the internet its crazy
CynicalOops
17:15
T5 soft
windyMagician
17:18
that and the post asking for low gpa success stories along with every other identifying detail
i should be a vtuber so i can finally realize my dream of becoming an anime girl
17:23
@CynicalOops: tickets to what?
CynicalOops
17:26
I got my brother tickets to a golf tournament and im going to get my mom ski lift tickets because she just moved near a ski resort
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