The Bank of New York Mellon f/k/a The Bank of New York, et al. v. William Barry Goodman, et al.

Case Number
M2013-01372-COA-R3-CV

Bank made a loan to an individual who owned real property and obtained a deed of trust on the property securing the loan. Bank recorded the deed of trust in the wrong county. A few years later Second Bank obtained two judgment liens and properly registered them in the correct county. Bank later realized its error and registered its deed of trust in the correct county but was by that time in the junior creditor position. Bank filed a complaint seeking equitable subrogation in an effort to obtain the prioritycreditor position and get placed ahead of Second Bank, which had no security interest in the property at issue, but which had filed its liens first. The trial court denied Bank this relief after balancing the equities of the parties. We affirm.

Authoring Judge
Senior Judge Ben H. Cantrell
Originating Judge
Judge Timothy L. Easter
Case Name
The Bank of New York Mellon f/k/a The Bank of New York, et al. v. William Barry Goodman, et al.
Date Filed
Dissent or Concur
No
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