Bilden Properties, LLC v. Birin
Annotate this CasePetitioners Bilden Properties, LLC and TD Bank, N.A. appealed and respondents S. Gerald and Gail Birin cross-appealed a superior court order finding, among other things, that the petitioners were bona fide purchasers for value, who acquired interests in the subject property without notice of the Birins’ mortgage on it. The Supreme Court concluded petitioners purchased the subject property subject to the Birins’ mortgage, upholding the trial court’s decision to the extent that it allowed the Birins to foreclose. To the extent that the trial court granted a permanent injunction prohibiting the Birins from foreclosing, the Court vacated that permanent injunction. Additionally, the Court affirmed the trial court’s determination that petitioners’ interests were equitably subrogated up to the amount paid to discharge the mortgages held by Southern New Hampshire Bank.
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