Ripley v. Piehl

OPINION

ROBERT H. SCHUMACHER, Judge.

In this mortgage-priority dispute, appellant Option One Mortgage Corporation challenges the district court’s judgment that respondent David R. Ripley’s mortgage against the subject property is prior to and superior to its own. Option One argues it should be equitably subrogated to the interests of the creditors and lien-holders it paid off when it acquired a mortgage against the property without performing a title search sufficient to discover the existence of Ripley’s prior recorded interest. In the alternative, Option One argues Ripley’s mortgage should be…