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ABN AMRO MTGE. GROUP, INC. v. KANGAH

No. 2009-0553.

126 Ohio St.3d 425 (2010)

2010-Ohio-3779

ABN AMRO MORTGAGE GROUP, INC., Appellee, v. KANGAH ET AL., Appellees; CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT, Appellant.

Supreme Court of Ohio.

Decided August 19, 2010.

Attorney(s) appearing for the Case

Sikora Law, L.L.C., Michael J. Sikora III , Maria Mariano Guthrie , Ann M. Johnson , Anthony R. Modd , Lee R. Schroeder , and Adrienne S. Foster ; and Shapiro, Van Ess, Phillips & Barragate, L.L.P., Christian E. Niklas , and Chrysostomos E. Manolis , for appellee ABN AMRO Mortgage Group, Inc.

William D. Mason , Cuyahoga County Prosecuting Attorney, and Kelli Kay Perk , Assistant Prosecuting Attorney, for appellant.

Cavitch, Familio & Durkin Co., L.P.A., Michael C. Cohan , Alexander E. Goetsch , and Max E. Dehn , urging affirmance for amicus curiae, Ohio Land Title Association.

PFEIFER, J.

{¶ 1} In this case, appellee ABN AMRO Mortgage Group ("ABN") asserts the doctrine of equitable subrogation to establish its claim to first position in a foreclosure. We conclude that the equities do not favor ABN and that it is in second position, and we reverse the judgment of the court of appeals.

Factual and Procedural Background

{¶ 2} On July 5, 2000...

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