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HOUSTON v. BANK OF AMERICA

No. 36564.

78 P.3d 71 (2003)

Edward R. HOUSTON and Regina Houston, Appellants, v. BANK OF AMERICA FEDERAL SAVINGS BANK, Respondent.

Supreme Court of Nevada.

October 28, 2003.

Attorney(s) appearing for the Case

Robison Belaustegui Sharp & Low and F. De Armond Sharp and Natalie J. Reed, Reno, for Appellants.

McDonald Carano Wilson McCune Bergin Frankovich & Hicks LLP and Andrew P. Gordon and Jeffrey A. Silvestri, Las Vegas, for Respondent.

Charles T. Cook, Las Vegas; Reinhart Boerner Van Deuren and J. Bushnell Nielsen, Milwaukee, Wisconsin, for Amicus Curiae Nevada Land Title Association.

Before SHEARING, LEAVITT and BECKER, JJ.

OPINION

PER CURIAM:

This appeal raises the issue of whether a lender who pays off a prior note is equitably subrogated to the former lender's priority lien position. We conclude that the subsequent lender succeeds to the prior lender's priority lien position as long as an intervening lien holder is not prejudiced. Therefore, we affirm the district court's order granting summary judgment to Bank of America.

FACTS

Appellants...

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