Supreme Court of Delaware

Eastern Savings Bank, FSB v. Cach, LLC

September 28, 2015

Summary

The Court held that the creditor whose judgment lien was recorded first had priority over the later-recorded refinancing mortgage under Delaware's pure race recording statute. It declined to apply equitable subrogation because no equitable circumstance justified displacing the statutory recording priority, and the refinancing lender had an adequate remedy against the title insurer or settlement agent. The Court therefore affirmed the judgment below.