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Equitable Subrogation Appeals

Bradley Arant Boult Cummings LLP

A Good Day for Lenders: Texas Supreme Court Rules that Lenders Still Entitled to Equitable Subrogation for Non-compliant Home...

On April 24, 2020, the Texas Supreme Court upheld a lender’s right to equitable subrogation for non-compliant home equity loans, ruling that lenders who fail to cure within the statutorily mandated 60-day period may recoup...more

Pierce Atwood LLP

Mass. Appeals Court Rebuffs Mortgagee’s Novel Bid For Equitable Subrogation

Pierce Atwood LLP on

In its decision yesterday in Wells Fargo Bank v. Comeau, the Massachusetts Appeals Court rejected the plaintiff mortgagee’s attempt to use the doctrine of equitable subrogation in a novel way: to impose on a surviving wife...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending February 17 & 24, 2017

Carlton Fields on

Foreclosure: foreclosing bank’s allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years prior to...more

Carlton Fields

California Appellate Court Takes Equitable Subrogation to the Excess

Carlton Fields on

In California, where a primary insurer is found to have unreasonably failed to settle within its policy limits, and a judgment is later entered against their insured in excess of those limits, the primary carrier can be...more

Carlton Fields

Connecticut Workers’ Compensation Carriers May Pursue Justice

Carlton Fields on

Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more

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