Diego M Radzinschi 'Deely' Expands Lender's Use of Equitable Subrogation to Protect Priority Status
All practitioners involved in New Jersey real estate litigation need to be aware of 'Deely,' a recent Appellate Division decision that expands the situations in which a lender can use the doctrine of equitable subrogation to protect the priority status of a lien, by holding that a lender's knowledge of a prior competing lien does not bar the application of the doctrine.
April 23, 2021 at 10:00 AM
7 minute read
All practitioners involved in New Jersey real estate litigation need to be aware of the Appellate Division decision in Tr. 2005-3 Mortg.-Backed Notes, U.S. Bank Nat'l Ass'n as Tr. v. Deely, 2021 WL 520063 (App. Div. 2021), which expands the situations in which a lender can use the doctrine of equitable subrogation to protect the priority status of a lien by holding that a lender's knowledge of a prior competing lien does not bar the application of the doctrine.
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