in an equitable action, and either sold or sequestered under the judicial decree, and its proceeds in the one case, or its rents and profits in the other, applied upon the demand of the creditor in whose favor the lien exists.” Klaustermeyer v. The Cleveland Trust Co., 89 Ohio St. 142, 145-46, 105 N.E. 278, 280 (1913). Stated in a simpler way, an equitable lien is a charge on a thing which can be enforced only in equity. Such a lien may arise, as the Defendant contends, when a mortgage is improperly executed or recorded. Basil v. Vincello, 50 Ohio St.3d 185, 188-89, 553 N.E.2d 602, 606 (Ohio 1990). See also Snyder v. Betz, 2 Ohio C.C. 485, 1 Ohio C.D. 602 (1887), aff'd 48 Ohio St. 492, 28 N.E. 234 (1891); but see Foerstner v. Citizens’ Sav. & Trust. Co., 186 F. 1, 4 (6th Cir.1911) (<HOLDING>). The application of an equitable lien against
holding that absence following proper notice creates an inference of waiver holding that federal courts do not have jurisdiction over a suit to enjoin a tax lien holding that an order pending divorce is not a final judgment that creates a right of appeal holding an improperly executed but recorded mortgage creates a contract for a lien as distinguished from an actual lien holding that fraud creates an exception to the rule