Other

Question 1

Constructive Trust

Answer 1

Imposed on improperly acquired property to which D now has title.

• D must return property to P
• Obligation to return a specific property to P

Question 2

Equitable Lien

Answer 2

Imposed on improperly acquired property to which D now has title.

Property will be subject to an immediate court-direct sale

• Proceeds go to P
• If proceeds of sale are less than fmv of the property when it was taken, a diffiency (money) judgement will use for the difference and can be used against D other asset.