Re: Title ignored my 2nd on Refi of 1st - San Jose

The argument under equitable subrogration is that you as the 2nd lien holder are in no worse position than prior to the refinance. "Equitable" refers to fairness. The Court acknowledges the black letter of the law but in fairness decides another way. You should look at the refi and see if they pulled money out. If so, then their equitable subrogration argument is weakend. Also, you want to make sure that you pursue this claim with "Clean Hands".

Regardless, you are going to be in for a fight with the 1st lenders attorneys or the title companies attorneys.

Good luck,

Mer