WILLIAM MEYER, SR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM MEYER, JR., DECEASED, APPELLANT,
v.
EDWIN SCHWARTZ, APPELLEE
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The personal representative of a decedent's estate challenged the trial court's imposition of an equitable lien on the estate's real property in favor of a creditor who held a written promise of a second mortgage. The appellate court affirmed the equitable lien, holding that a written contract showing intent to charge property with a debt can create an equitable lien even after the debtor's death, regardless of the personal representative's knowledge.
An equitable lien may arise from a written contract showing an intention to charge property with a particular debt, and such a lien can be established based on a written promise to execute a mortgage, even after the debtor's death and regardless of the personal representative's lack of notice. The priority of the lien as against other claims was not adjudicated and was not addressed on appeal.
[1] An equitable lien may arise from a written contract demonstrating an intention to charge specific property with a particular debt.
[2] The existence of a written contract promising to encumber specific property with a mortgage justifies the finding that an equitable lien is entitled to be impressed upon…
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Join FLexlaw to unlock all legal intelligence“An equitable lien may arise from a written contract showing an intention to charge property with a particular debt.”
Establishes the legal standard for creating an equitable lien, which is the central holding of the case.
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Join FLexlaw to unlock all legal intelligenceWilliam Meyer, Jr. died in an airplane accident on January 15, 1979, leaving a home in Fort Pierce, Florida as his estate's sole asset. Shortly before…
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DOWNEY, Judge.
William A. Meyer, Jr., died in an airplane accident January 15, 1979, leaving as the sole asset of his estate a home located in Fort Pierce, Florida. Shortly prior to his death Meyer delivered a letter to appellee, Edwin Schwartz, wherein he promised to give appellee a second mortgage on specific real property to secure a loan of $20,000. However, Meyer died without executing the mortgage. Thus, appellee filed a timely Notice of Claim in the Meyer Estate in which appellee claimed an equitable lien on this real property. The appellant, as Personal Representative, filed his objection thereto and this litigation ensued.
Appellant states the sole issue involved is “whether or not an equitable lien can be impressed upon a decedent’s real property after his death, where the Personal Representative has no notice or knowledge of the indebtedness and the promise to execute a second mortgage.” It is appellant’s contention that the trial court erred in impressing an equitable lien on the realty in question because he is entitled, as Personal Representative, to possession of said real property during the administration of the estate. Appellant does not contend that appellee would not be entitled to an equitable lien if the Personal Representative had notice thereof at the time of Meyer’s death. An equitable lien may arise from a written contract showing an intention to charge property with a particular debt. Town of Naples v. Naples Improvement Corp., 147 Fla. 94, 2 So. 2d 383 (Fla.1941); Jones v. Carpenter, 90 Fla. 407, 106 So. 127 (Fla.1925); Blumin v. Ellis, 186 So. 2d 286 (Fla. 2d DCA 1966), cert. denied 189 So. 2d 634 (Fla.1966).
It is undisputed here that appellee has a written contract in which Meyer agreed to encumber specific property with a second mortgage to secure the loan.
Thus, this record justified the finding that appellee was entitled to an equitable lien on the property in question. The attempted enforcement of that lien during the administration of the estate may well give rise to some of the problems envisioned by appellant such as the right of bona fide purchasers and prior lienholders vis-a-vis appellee.
However, the possibility of the existence of such prior claims does not preclude the establishment now of appellee’s equitable lien claim. The priority of that lien was not adjudicated below nor have we considered that issue.
Accordingly, the judgment appealed from is affirmed.
AFFIRMED.
BERANEK and GLICKSTEIN, JJ., concur.
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Troiano v. Troiano, 549 So. 2d 1053 (Fla. 5th DCA 1989)…f an underlying debt. Nor is there any evidence to suggest that prior to 1986 the parties intended for Francolino to be repaid at any time, or that the parties ever intended to charge the Lake County property with such a debt. See Meyer v. Schwartz, 391 So. 2d 310 (Fla. 4th DCA 1980). Francolino’s testimony clearly indicates that, prior to consulting an attorney in 1986, she never expected nor asked the Troianos to reimburse her for these monies. She testified that she made the mortgage payments voluntarily…
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Hobco, Inc. v. Tallahassee Assocs., 807 F.2d 1529 (11th Cir. 1987)…ritten contract expressing an intent to encumber specific property. See, e.g., Margarum v. J.S. Christie Orange Co., 37 Fla. 165, 19 So. 637 (1896) (unsuccessful effort to execute valid mortgage deed can create an equitable lien); Meyer v. Schwartz, 391 So. 2d 310 (Fla.Dist. Ct.App.1980) (equitable lien arose when property owner was killed in accident after writing letter promising to execute second mortgage); Amacher v. Keel, 358 So. 2d 889 (Fla.Dist.Ct.App.1978) (“assignment” of land can give rise to an equ…
Authorities Cited
- Morgan F. Jones in Bankr. of Jacksonville Bread Co. v. Carpenter, 106 So. 127 (Fla. 1925)
- Blumin v. Ellis, 186 So. 2d 286 (Fla. 2d DCA 1966)
- Ellis v. Blumin, 189 So. 2d 634 (Fla. 1966)
- Craft Constr. Corp. v. Harvest, 189 So. 2d 634 (Fla. 1966)
- Town of Naples v. Naples Improvement Corp., 147 Fla. 94 (Fla. 1941)