Legal Opinion

Midlantic National Bank v. Bridge (In re Bridge)

Court of Appeals for the Third Circuit

Decided March 1, 1994No. 93-5014PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from an order of the district court affirming an order of the bankruptcy court. Both courts rejected the claim of appellant Midlantic National Bank (“Mid-lantic”) that, notwithstanding Midiantic’s failure to record a refinanced real estate mortgage prior to the bankruptcy of the mortgagor, it must prevail over the bankruptcy trustee because Midiantic’s unrecorded mortgage stands in the shoes of its prior recorded mortgage under the doctrine of equitable subrogation. We conclude that under New Jersey law, which we find applicable to…

2Cases cited21 opinions

  1. McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
  2. Elin v. Busche (In Re Elin)District Court, D. New Jersey · 1982
  3. Montefusco Excavating & Contracting Co. v. County of MiddlesexSupreme Court of New Jersey · 1980
  4. Howard v. DiolosaNew Jersey Superior Court Appellate Division · 1990
  5. Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933

16 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In Re AulicinoUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
  2. Stern v. American Home Mortgage Servicing, Inc. (In re Asher)United States Bankruptcy Court, E.D. New York · 2013
  3. In Re BridgeCourt of Appeals for the Third Circuit · 1994
  4. Swope v. Washington Mutual Home Loans, Inc. (In re Johnston)United States Bankruptcy Court, W.D. Pennsylvania · 2005
  5. Sigmon v. Goldman Sachs Mortgage Co.District Court, S.D. New York · 2015

5 more not listed; retrieve them via the Exa API.

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