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PNC MORTG. v. HOWARD

No. 19-0842.

616 S.W.3d 581 (2021)

PNC MORTGAGE, a Division of PNC Bank, N.A., Successor to National City Bank and National City Mortgage, a Division of National City Bank of Indiana, Petitioners, v. John HOWARD and Amy Howard, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: January 29, 2021.

Attorney(s) appearing for the Case

Jon Neal Prevost , for Respondents.

Robert Davis Forster II , Addison, Mark D. Hopkins , Austin, Brian Scott Engel , Shelley Luan Hopkins , Robert F. Maris , for Petitioners.

A refinancing lender failed to foreclose its property lien within the statutory limitations period after the borrowers defaulted. The borrowers had used the proceeds from the refinancing to discharge two existing liens. Equitable subrogation "allows a lender who discharges a valid lien on the property of another to step into the prior lienholder...

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