Mortgage Elec. Registration Sys., Inc. v. Roberts
Annotate this CaseThis case presented the question of whether the doctrine of equitable subrogation may be used to reorder the priority of a mortgage lien where the mortgage holder had constructive but not actual knowledge of a pre-existing lien when it paid off an earlier mortgage as part of a refinancing deal and there was no fraud or other misconduct that would have prevented the discovery of the lien. The trial court applied the doctrine to reorder the priority of liens. The court of appeals reversed, finding that the doctrine did not apply under the facts of this case. The Supreme Court affirmed, holding that because equitable subrogation is not available to a lienholder who has actual or constructive knowledge of a preexisting lien, the court of appeals was correct in concluding that the remedy was not available to the mortgage holder.
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