MORTGAGE ELECTRONIC REGISTRATION v. ROBERTS

No. 2010-SC-000069-DG.

366 S.W.3d 405 (2012)

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellant, v. Joseph ROBERTS, Appellee.

Supreme Court of Kentucky.

May 24, 2012.


Attorney(s) appearing for the Case

Thomas Morgan Ward, Jr. , Bethany A. Breetz , Chadwick Aaron McTighe , Stites & Harbison, PLLC, Louisville, KY, Counsel for Appellant.

Kenneth S. Kasacavage , Henderson, KY, Counsel for Appellee.


Opinion of the Court by Justice NOBLE.

This case presents the question whether the doctrine of equitable subrogation may be used to reorder the priority of a mortgage lien where the mortgage holder had constructive but not actual knowledge of a pre-existing lien when it paid off an earlier mortgage as part of a refinancing deal and there was no fraud or other misconduct that would have prevented the discovery of the lien. The trial court applied the doctrine to reorder...

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