Legal Opinion
First Federal Savings Bank of Wabash v. United States
Court of Appeals for the First Circuit
Decided June 30, 1997No. 96-3364PublishedCited by 10 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
When a bank loans money to extinguish a first mortgage in certain property and secures the loan with a new mortgage in the property but fails, due to the negligence of its title insurer, to discover an intervening tax lien, may the bank rely on the doctrine of equitable subrogation to establish the priority of its lien over that of the government? Applying Indiana law to the circumstances of this case, we agree with the district court that the plaintiff, First Federal Savings Bank of Wabash, is not entitled to step into the shoes of the first mortgagee. Accordingly, we…
2Cases cited10 opinions
- Jeffrey Mort Pamela Mort Fred Strefling Jeffrey Tobian v. United StatesCourt of Appeals for the Ninth Circuit · 1996
- Universal Title Insurance Company, a Minnesota Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1991
- Jea Min Han Jae Soon Han v. United StatesCourt of Appeals for the Ninth Circuit · 1991
- Progressive Consumers Federal Credit Union v. United StatesCourt of Appeals for the First Circuit · 1996
- Coy v. RaabeWashington Supreme Court · 1966
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Aames Capital Corp. v. Interstate Bank of Oak ForestAppellate Court of Illinois · 2000
- Thomas Doherty v. Davy Songer, Inc., Defendant-Third-Party Cross-Appellee v. Morrison, Inc.,third-Party CrossCourt of Appeals for the Third Circuit · 1999
- Bankers Trust Co. v. United StatesCourt of Appeals of Kansas · 2001
- Osterman v. BaberIndiana Court of Appeals · 1999
- Wells Fargo Bank, Minnesota, N.A. v. CommonwealthKentucky Supreme Court · 2011
5 more not listed; retrieve them via the Exa API.