United States Sixth Circuit

Summary judgment in favor of defendant, avoiding plaintiff-bank's mortgage on his real property, is affirmed where plaintiff is not entitled to have its interest equitably subrogated to a prior recorded mortgage since it was negligent for the seven-month delay between the signing and the recording of the mortgage.

Appellate Information

• Decided 02/16/2005
• Published 02/16/2005

Judges

• Before:  GUY and SUTTON, Circuit Judges;  CARR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED: Walter J. Russell, Russell & Batchelor, Grand Rapids, Michigan, for Appellant. Kelly M. Hagan, Zimmerman, Kuhn, Darling, Boyd, Taylor & Quandt, Traverse City, Michigan, for Appellee. ON BRIEF: Walter J. Russell, Stephen C. Bransdorfer, Russell & Batchelor, Grand Rapids, Michigan, for Appellant. Kelly M. Hagan, Zimmerman, Kuhn, Darling, Boyd, Taylor & Quandt, Traverse City, Michigan, for Appellee.