Old Republic National Title Insu. v. Fifth Third Bank, C-070567 (5-2-2008)

OPINION.

We have removed this case from the accelerated calendar.

{¶ 1} In this lien-priority case, defendant-appellant Fifth Third Bank argues that the trial court improperly applied the doctrine of equitable subrogation to defeat its claim that its lien had priority under the recording statute. We agree.

Sleeping Giants

{¶ 2} Defendants James and Heather McCarthy owned a home at 5497 Foley Road in Cincinnati. The home was purchased with a mortgage loan issued by Countrywide Home Loans. A mechanic's lien was filed against the property by Pella Windows in 2004, and a second mechanic's lien was…