Sherman v. Deutsche Bank National Trust Co.

The Shermans appeal a final circuit court judgment ruling that the appellee, mortgage holder Deutsche Bank National Trust Company, was entitled to a priority lien (by virtue of equitable subrogation) ahead of the lien of the Shermans’ duly- and previously-recorded mortgage. Finding insufficient record support for the application of the doctrine of equitable sub-rogation — as in the case of Velazquez v. Serrano, 43 So.3d 82 (Fla. 3d DCA 2010), also involving Deutsche Bank — we reverse and remand the case for further proceedings.

Facts and Procedural Background

In 2005, the owner of a residential…