Shirley S. Joondeph, Brian C. Joondeph, and Citimortgage, Inc., Petitioners v. Donald P. Hicks, Respondent

Summary

The court affirmed the court of appeals and held that the petitioners could not obtain equitable subrogation because they had actual knowledge of Hicks's lien and were not mistaken about their expected priority. The court also declined to recognize derivative equitable subrogation because it would conflict with Colorado's narrow, fact-specific, purely equitable approach to subrogation.