Eastern Savings Bank, FSB v. CACH, LLC

The October 30, 2012 order from this Court remanded the case to the Superior Court, to remand to the Court of Common Pleas, to allow the presentation of facts by Eastern in support of an equitable subro-gation claim.33 In my view, the facts stipulated by the parties after remand satisfy all of the elements of an equitable subrogation claim. Equitable subrogation is also compatible with Delaware’s recording statutes, is supported by Delaware precedent in the mortgage priority area,, and the doctrine should be applied here because it serves important. policy interests beyond this case. Summary…