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Equitable Subrogation Liens

Locke Lord LLP

Texas Supreme Court Clarifies How ‎Equitable Subrogation Operates for Texas Home ‎Loans

Locke Lord LLP on

On May 12, 2023, the Supreme Court of Texas held, in a unanimous decision, that a claim to foreclose on a subrogated real property lien accrues when the refinance loan is accelerated, not when the prior loan (the payoff of...more

Ward and Smith, P.A.

The Case of the Inexcusably Ignorant Refinance Loan

Ward and Smith, P.A. on

A recent decision from the North Carolina Court of Appeals illustrates the wrong way to refinance a loan.  In Midfirst Bank v. Brown, a refinancing lender cancelled a deed of trust that should have been assigned to it and...more

Snell & Wilmer

Arizona Supreme Court to Contractor: Sorry But Equitable Subrogation of a Bank’s Later Deed of Trust Trumps Earlier Mechanics’...

Snell & Wilmer on

The smoke has finally cleared in a hard and long-fought battle between a bank and contractor both claiming priority to foreclose millions of dollars on a Phoenix condominium project. The project, well-known as Summit at...more

Jaburg Wilk

What Factors Establish The Lien Priority Of A Refinanced Loan?

Jaburg Wilk on

The legal doctrine of "equitable subrogation" has recently become familiar to lenders who refinanced or will be refinancing existing loans secured by real property....more

Burr & Forman

Burr Alert: Hop, Skip And Jump Through The Thorns Of Justice

Burr & Forman on

Every so often, we might not realize that, by our actions, we are doing exactly what the opposing party wants us to do. Perhaps we do not have an appropriate amount of time for each and every decision to consider ‘the forest’...more

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