Federal Home Loan Mortgage Corp. v. Moore

Plaintiff-appellant, Federal Home Loan Mortgage Corporation, as assignee of a mortgage to Diamond Savings & Loan Association, appeals the judgment of the Franklin County Court of Common Pleas that defendant-appellee, Fifth Third Bank of Columbus, held the first and best mortgage on property subject to a foreclosure action. Appellant's two assignments of error are as follows:

"I. THE TRIAL COURT ERRED IN LABELING DIAMOND'S MISTAKE AS NEGLIGENCE AND THEN BALANCING THE ALLEGED NEGLIGENCE AGAINST FIFTH THIRD'S UNJUST ENRICHMENT. EQUITABLE SUBROGATION PROVIDES RELIEF FROM MISTAKES AND FRAUD, AND…