BANK OF AMERICA v. BABU

No. 05-09-00726-CV.

340 S.W.3d 917 (2011)

BANK OF AMERICA, Appellant, v. Thomas BABU and Babu A. Geevarghese, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled June 21, 2011.


Attorney(s) appearing for the Case

Louis Frank Oliver , Oliver & Oliver, Austin, TX, for Appellant.

Scott Meyer , Chalker Flores, LLP, Byron Kevin Henry , Cowles & Thompson, PC, Dallas, TX, for Appellees.

Before Justices MARTIN RICHTER, LANG, and MYERS.


OPINION

Opinion By Justice LANG.

Appellant, Bank of America ("Bank"), filed suit requesting a declaratory judgment that it was entitled to an equitable subrogation lien in the amount of $101,546.95 on improved real property in Dallas County (the "property"). Bank claims its rights are superior to the rights of appellees Thomas Babu ("Babu") and Babu A. Geevarghese ("Geevarghese") (collectively, "appellees"), who purchased the property at a foreclosure sale...

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