Texas Supreme Court Throws the Industry a Lifeline

April 16, 2021

DS News--Robert D. Forster, II, Managing Partner, BDF Law Group

The Texas Supreme Court recently granted a lender's petition, finding that "equitable-subrogation rights become fixed at the time the proceeds from a later loan are used ‎to discharge an earlier lien" and that a “lender’s negligence in preserving its rights under its ‎own lien does not deprive the lender of its rights in equity to assert an earlier lien that was ‎discharged using proceeds from the later loan”.

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