From Casetext: Smarter Legal Research

ABN AMRO MTGE. GROUP v. KANGAH

Supreme Court of Ohio
May 6, 2009
121 Ohio St. 3d 1471 (Ohio 2009)

Opinion

No. 2009-0553.

May 6, 2009.

Cuyahoga App. No. 91401, 2009-Ohio-359.


MOTION AND PROCEDURAL RULINGS.

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Journal Entry filed March 18, 2009:

"Whether the doctrine of equitable subrogation applies when a prior lien is satisfied with loan proceeds and (1) the party asserting the doctrine intended to hold the first and best lien, and (2) the competing lienholder had the expectation that its interest would be junior at the time that it received its interest, where the party asserting the doctrine has no actual knowledge of the competing lien due to its mistake or the mistake of a third party."

The conflict cases are Alegis Group L.P. v. Lerner, Delaware App. No. 2004-CAE-05038, 2004-Ohio-6205; Leppo, Inc. v. Kiefer (Jan. 31, 2001), Summit App. Nos. 20097 and 20105; and Assoc. Financial Serv. Corp. v. Miller, Portage App. No. 2001-P-46, 2002-Ohio-1610.


Summaries of

ABN AMRO MTGE. GROUP v. KANGAH

Supreme Court of Ohio
May 6, 2009
121 Ohio St. 3d 1471 (Ohio 2009)
Case details for

ABN AMRO MTGE. GROUP v. KANGAH

Case Details

Full title:ABN AMRO Mtge. Group, Inc. v. Kangah

Court:Supreme Court of Ohio

Date published: May 6, 2009

Citations

121 Ohio St. 3d 1471 (Ohio 2009)
2009 Ohio 2045

Citing Cases

Genoa Banking Company v. Tucker

{¶ 14} In some circumstances, however, the doctrine of equitable subrogation can overcome the statutory rule.…

Bank of New York Mellon Trust Co. v. Zeigler

{¶ 36} "Whether the doctrine of equitable subrogation applies when a prior lien is satisfied with loan…