Hu Hyun Kim v. Lee

(dissenting) — Accepting the doctrine of equitable subrogation as set forth in the Restatement (Third) of Property: Mortgages § 7.3 (1997), the majority nevertheless denies its benefits to the PHH Mortgage Services Corporation (PHH). Its analysis begins on an incoherent note:

This is a discretionary review of a Court of Appeals’ decision *94which extended to Yakima Title & Escrow Company the first lienholder position of its insured, ....

Majority at 82.

No, Yakima Title is an insurance company which intervened in this action to defend the asserted legal right of its insured, PHH, to first lien…