Houston v. Bank of America Federal Savings Bank

How courts have described this case

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

• subrogating new mortgagee to principal amount of original loan, but not funds in excess of original loan
• granting subrogation adopting the Restatement approach in finding the subrogee's constructive and/or actual knowledge of the intervening lien irrelevant
• granting subrogation adopting the Restatement approach in finding the subrogee’s constructive and/or actual knowledge of the intervening lien irrelevant
• granting subrogation, finding no evidence the intervening lien holder would be prejudiced since it remained in the same position, and adopting the Restatement approach in finding the sub-rogee’s constructive and/or actual knowledge of the intervening lien irrelevant
• describing how the subrogee assumes• the same position as the subrogor
• wife being new refinancing mortgagor did not preclude refinancing lender from assuming superior priority over intervening lien under equitable subrogation doctrine

Source: CourtListener parenthetical corpus (CC0).