In re Williams (Ch 13 Case No. 20-10087, Adv. Case No. 21-01007)

Plaintiff moved for summary judgment on lien priority dispute seeking equitable subrogation and declaratory judgment. Plaintiff advanced funds to satisfy existing first priority lien on Debtor’s property as part of refinance transaction, with the intention and understanding that its new lien would be in first priority position. Unbeknownst to Plaintiff at the time of the refinance, however, was Defendant’s junior lien, which did not appear on Plaintiff’s title search.  Defendant challenged jurisdiction, requested abstention, and argued that Plaintiff was chargeable with inexcusable neglect. The Court declined to abstain and granted summary judgment in favor of the Plaintiff, finding no issues of material fact existed as to the elements of equitable subrogation under Georgia law.

Tuesday, August 2, 2022