Hayes v. EMC Mortgage Corp.

SMITH, Presiding Judge.

Clarence Hayes, Jr., filed a complaint to foreclose on a judgment lien against certain property. Wells Fargo Bank, NA, predecessor in interest to EMC Mortgage Corporation (EMC), counterclaimed seeking a declaration that, under the doctrine of equitable subrogation, it held the first priority lien against the property. EMC moved to be substituted as the defendant/plaintiff-in-counterclaim, and also for summary judgment. The trial court granted the motion for summary judgment ruling that EMC’s security deed was superior to Hayes’s judgment lien. Hayes now appeals. For the…