US Bank N.A. v. Finkel, 2017 Pa. Super. LEXIS 371 (Pa. Super. 2017)
May 23, 2017OUTCOME: Successful appeal
The right to an equitable lien requires evidence that is clear, precise and indubitable as to the intention of the parties. There must be an agreement sufficiently clear and unambiguous evidencing such ... intent. The mere borrowing of money does not in itself give a lender a lien and in the absence of a showing of an intent to create it, an equitable lien will not arise in favor of one who advances money to pay the purchase price of realty. Further, equitable defenses should be considered prior to the entry of Summary Judgment.