Sourcecorp, Incorporated, Plaintiff/appellee v. Dean D. Norcutt and Stacey L. Norcutt, Husband and Wife…

Summary

The court held that purchasers who paid off a prior mortgage to protect their newly acquired property interest may receive equitable subrogation to the mortgage's priority, even without an express or implied agreement and regardless of whether they are characterized as volunteers. The court adopted a flexible approach focused on preventing unjust enrichment and limited the purchasers' remedy to priority in sale proceeds equal to the amount paid to discharge the prior mortgage. The court affirmed and remanded for entry of summary judgment in favor of the purchasers.