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Inequitable subrogation: the flawed Restatement approach to equitable subrogation of refinance mortgages

Equitable-Subrogation-Final-Edit-Pub-Ready (1) Inequitable subrogation: the flawed Restatement approach to equitable subrogation of refinance mortgages Slade Smith1 If a refinance lender (or its title insurer) fails to conduct an accurate title search, or fails to act upon information it learns in a title search, the lender may find out later that its mortgage does not have …