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HIGHMARK FED. CR. UNION v. WELLS FARGO FIN.

No. 26127.

814 N.W.2d 814 (2012)

2012 S.D. 38

HIGHMARK FEDERAL CREDIT UNION, Plaintiff and Appellant, v. WELLS FARGO FINANCIAL SOUTH DAKOTA, INC., Defendant and Appellee, and Neil R. Wood, Kimberly M. Wood, Wells Fargo Financial Bank, AAA Collections, Citibank (SD) NA, and Credit Collections Bureau, Defendants.

Supreme Court of South Dakota.

Decided May 23, 2012.

Attorney(s) appearing for the Case

Rodney C. Lefholz , Rapid City, South Dakota, Attorney for plaintiff and appellant.

David C. Piper of Mackoff Kellogg Law Firm Dickinson, North Dakota, Attorneys for defendant and appellee.

WILBUR, Justice.

[¶ 1.] This foreclosure action involves a dispute between two creditors, Wells Fargo Financial South Dakota, Inc. (Wells Fargo) and Highmark Federal Credit Union (Highmark), about the priority of their respective mortgage liens against a property. Both parties assert that they are entitled to first priority. The trial court found that, despite Highmark's statutory priority, under the doctrine of equitable subrogation, Wells Fargo was entitled...

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