Court Cases
October 16, 2012
EQUITABLE SUBROGATION
JP Morgan Chase Bank v. Banc of America Practice Solutions (PDF)
The court applied the Doctrine of Equitable Subrogation to subrogate plaintiff's deed of trust to two deeds of trust that had been paid off with the loan proceeds, thereby placing defendant's earlier recorded deed of trust in third position. The evidence showed that plaintiff intended to be in first position, and that defendant intended to be in third position junior to the two deeds of trust that were paid off with the proceeds of plaintiff's loan.
Cal.App. 4th Dist., Div. 3 (G045943) 9/27/12
