Bank of New York Mellon Trust Co. v. Botero-Paramo (In Re Botero-Paramo)

MEMORANDUM OPINION

STEPHEN S. MITCHELL, Bankruptcy Judge.

In this action to determine the relative priority of two deeds of trust against real property formerly owned by the debtor and his wife, the contending noteholders have each moved for summary judgment. The deed of trust securing defendant Ty-sons Financial, LLC (“Tysons”) was recorded first, but Bank of New York Mellon Trust Co., N.A. (“BONY Mellon”) asserts that it was later released. In the alternative, BONY Mellon argues that it should be equitably subrogated to an earlier deed of trust, thereby giving it priority over Tysons. For the…