LEVENSON v. G.E. CAPITAL MORTGAGE SERVICES, INC.

No. 1498, September Term, 1993.

101 Md. App. 122 (1994)

643 A.2d 505

STEVEN A. LEVENSON v. G.E. CAPITAL MORTGAGE SERVICES, INC.

Court of Special Appeals of Maryland.

Certiorari Granted November 16, 1994.


Attorney(s) appearing for the Case

David P. Sutton, argued (William Hoffman, on the brief) Baltimore, for appellant.

Lawrence J. Gebhardt, argued (Mark M. Dumler and Gebhardt & Smith, on the brief) Baltimore, for appellee.

Argued before WILNER, C.J., and ALPERT and WENNER, JJ.


WENNER, Judge.

In a case of first impression, we are asked to determine the effect of the doctrine of equitable subrogation on the relative rights of a judgment lienholder and a lender who refinanced an existing first lien without knowledge of the intervening judgment liens, when the new loan exceeded the balance of the refinanced loan, and the refinancing lender's right to equitable subrogation was not asserted until after it had foreclosed on the new loan.

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