The Weitz Company L.L.C., an Iowa Limited Liability Company v. Nicholas Heth, a Single Man Barry Schwartz, a Married…

Summary

The court held that Arizona's mechanics' lien priority statute does not bar equitable subrogation to a previously recorded superior lien. It further held that a party paying the portion of a debt allocated to a particular parcel may obtain equitable subrogation when the mortgagee fully releases that parcel, even though the debt secured by the mortgage on other parcels remains outstanding. The court vacated the court of appeals' decision, reversed partial summary judgment for Weitz, and remanded for determination whether equitable subrogation would prevent unjust enrichment.