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Friday, October 2, 2015

In a majority opinion, the Delaware Supreme Court recently refused to apply the doctrine of equitable subrogation in a dispute over the proceeds of a mortgage foreclosure sale between a creditor who first recorded its lien against the property and a creditor who recorded its lien as part of a later refinancing. The dissenting opinion argued that the doctrine of equitable subrogation has been and should be applied liberally and that the facts at bar warranted its application. Opinion available at here.