Legal Opinion

Secured Equity Financial, LLC v. Washington Mutual Bank, F. A.

Court of Appeals of Georgia

Decided June 23, 2008No. A08A0376PublishedCited by 12 opinions

1Opinion of the Court

Adams, Judge.

The trial court granted summary judgment in favor of Washington Mutual Bank, F. A. by applying the doctrine of equitable subrogation to a dispute between Washington Mutual and another lender, Secured Equity Financial, LLC and a related party, who now appeal. The trial court concluded the undisputed facts justify the conclusion that, at the time it acquired a security interest in the property, Secured Equity was on constructive notice of a possible claim of equitable subrogation and that, therefore, its security interest was extinguished. For the reasons that follow, we reverse.

Sum…

2Cases cited10 opinions

  1. Home Builders Ass'n of Savannah, Inc. v. Chatham CountySupreme Court of Georgia · 2003
  2. Leeds Building Products, Inc. v. Sears Mortgage Corp.Supreme Court of Georgia · 1996
  3. Davis v. JohnsonSupreme Court of Georgia · 1978
  4. Thomas v. HudsonSupreme Court of Georgia · 1940
  5. East Atlanta Bank v. LimbertSupreme Court of Georgia · 1941

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Chase Manhattan Mortgage Corp. v. SheltonSupreme Court of Georgia · 2012
  2. Kim v. First Intercontinental BankCourt of Appeals of Georgia · 2014
  3. Citifinancial Services Inc. v. VarnerCourt of Appeals of Georgia · 2013
  4. Kerr v. Commercial Credit Group, Inc. (In Re Siskey Hauling Co.)United States Bankruptcy Court, N.D. Georgia · 2011
  5. 915 Indian Trail, LLC v. State Bank & Trust Co.Court of Appeals of Georgia · 2014

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API