Osterman v. Baber

How courts have described this case

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

• recognizing that the majority of jurisdictions hold that actual knowledge bars equitable subrogation, but constructive notice does not, but declining to adopt the majority view
• holding that a lender was not entitled to equitable subrogation where it had actual knowledge of the junior lien
• \the means of knowledge combined with the duty to utilize that means equates with knowledge itself\
• by failing to insist upon an updated title search and extinguishing its senior lien, the lender placed its interests at risk

Source: CourtListener parenthetical corpus (CC0).