OLAECHEA
v.
OLAECHEA
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An equitable lien may be imposed on homestead property where funds obtained through fraud were used to purchase the homestead, even where one spouse was not a party to the fraud.
[1] An equitable lien may be imposed on homestead property where funds obtained through fraud were used to purchase the homestead.
[2] An equitable lien may be imposed on homestead property even where one spouse was not a party to the fraud.
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Join FLexlaw to unlock all legal intelligence“an equitable lien may be imposed on homestead property where funds obtained through fraud were used to purchase the homestead, and even where one spouse was not a party to the fraud”
Court's citation to Palm Beach Savings & Loan supporting affirmance of the equitable lien
Lizette Olaechea and her husband Gabor Simmonds owned a primary residence. Grace Olaechea brought claims against Lizette for conversion, forgery, unju…
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PER CURIAM.
Lizette Olaechea, the defendant below, appeals entry of final judgment in favor of Grace Olaechea, the plaintiff below, after a bench trial on claims for conversion, forgery, unjust enrichment, breach of fiduciary duty and a constructive trust. In the final judgment, the lower court awarded Grace Olaechea $419,750.43, plus interest, and imposed an equitable lien on the primary residence of Lizette Olaechea and her husband, Gabor Simmonds. We affirm entry of the final judgment and imposition of the equitable lien without discussion. See Palm Beach Sav. & Loan Ass’n v. Fishbein, 619 So. 2d 267, 270-71 (Fla. 1993) (confirming that an equitable lien may be imposed on homestead property where funds obtained through fraud were used to purchase the homestead, and even where one spouse was not a party to the fraud).1 Affirmed.
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Citator
Cited By
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Gabor Simmonds v. In re Olaechea, 45 Fla. L. Weekly D1405 (Fla. 3d DCA 2020)
Authorities Cited
- Palm Beach Sav. & Loan Ass'n v. Fishbein, 619 So. 2d 267 (Fla. 1993)