Bank of America, NA v. Prestance Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding whether equitable relief is appropriate is a question of law
• adopting Restatement § 7.6 on subrogation and holding that “a lender can be equitably subrogated to a first-priority lien despite having actual or constructive knowledge of junior lienholders”
• adopting the Restatement approach in part because of these policy considerations
• “A lender providing funds to pay off an existing mortgage expects to receive the same security as the loan being paid off.”
• describing Restatement position as “the more liberal approach”

Source: CourtListener parenthetical corpus (CC0).