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BANK OF AMERICA, N.A. v. PRESTANCE CORP.

No. 77038-7.

160 P.3d 17 (2007)

BANK OF AMERICA, N.A., Respondent, v. PRESTANCE CORPORATION, a Washington corporation; Prestance Japan Corporation, a Japanese corporation; Sakae and Yuko Sugihara, husband and wife, Defendants, and Wells Fargo Bank, N.A., a national banking association; and Wells Fargo Bank West, N.A., a national banking association, Petitioners.

Supreme Court of Washington, En Banc.

Decided June 7, 2007.

Attorney(s) appearing for the Case

Michael B. King, Talmadge Law Group PLLC, Tukwila, Mark A. Rossi, Bank of Hawaii, John Schochet, Dorsey & Whitney, LLP, Seattle, for petitioners.

Stephen M. Rummage, Craig W. Miller, Davis Wright Tremaine, LLP, Seattle, for respondent.

SANDERS, J.

¶ 1 We are asked to define the contours of equitable subrogation in the context of refinancing mortgagees. Washington Mutual had a first-priority lien on Sakae Sugihara's personal residence, while Bank of America had a second-priority lien. Wells Fargo Bank West (WFB West) seeks to be equitably subrogated to Washington Mutual's first-priority lien position because it paid Sugihara's debt to Washington Mutual. Bank of America argues WFB West cannot...

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