On a summary judgment motion, the moving party sought equitable subrogation to obtain payment priority over second and third mortgagees after its funds had been used to discharge a first mortgage in a failed mortgage transaction.
The court applied the fairness-focused subrogation framework from appellate authority and held the record was sufficient to decide the issue without a trial under the summary judgment test.
The responding parties failed to adduce admissible evidence showing prejudice, detrimental reliance on registration priority, or a genuine issue requiring trial on alleged negligence and fairness.
The court concluded denial of subrogation would create unjust enrichment because the responding mortgagees would be in a better position than if the first mortgage had not been paid out.
Summary judgment was granted, subrogation relief was ordered, and costs were awarded to the successful moving party.
