This article is a Quick Answer Page on Equitable Lien, provided by Andrew Douglas, P.A.
What is Equitable Lien in Florida?
How do I prove an Equitable Lien claim in Florida?
What are the elements of a claim for Equitable Lien in Florida?
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 predicated on factors such as Mistake or Material misrepresentation beyond the circumstances described by the complaint in the present case.
We hold that a party may successfully maintain a suit under the theory of equitable estoppel only where there is
proof of fraud, misrepresentation, or other affirmative deception. To hold otherwise would inject an unnecessary amount of uncertainty into the construction loan industry.
Rinker Materials Corp. v. Palmer First National Bank and Trust Co. of Sarasota, 361 So.2d 156, 158 (Fla.
1978) (But see Emerald Designs, Inc. v. Citibank F.S.B., 626 So.2d 1084, 1085 (Fla. 4th DCA 1993) where the court limited the application of this rule to cases where the claimant is seeking priority over a recorded mortgage but not where there are only undisbursed construction loan funds.).
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