The Weitz Company v. Nicholas Heth

Summary

The court held that Arizona's mechanics-lien priority statute does not preclude equitable subrogation to a mortgage that was superior to the mechanics lien. It further held that when one mortgage covers multiple parcels, a party may obtain equitable subrogation by paying the portion allocated to a particular parcel and obtaining that parcel's full release from the mortgage. The court vacated the court of appeals' decision, reversed the trial court's partial summary judgment, and remanded for determination of whether equitable subrogation is warranted under the case's facts.