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G.E. CAPITAL MORTGAGE SERVICES, INC. v. LEVENSON

No. 101, September Term, 1994.

338 Md. 227 (1995)

G.E. CAPITAL MORTGAGE SERVICES, INC. v. STEVEN A. LEVENSON.

Court of Appeals of Maryland.

May 12, 1995.

Attorney(s) appearing for the Case

Lawrence J. Gebhardt (Mark M. Dumler, Gebhardt & Smith, all on brief), Baltimore, for petitioner.

David P. Sutton (William Hoffman, both on brief), Baltimore, for respondent.

Argued Before ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ., and JOHN F. McAULIFFE, Judge (retired) Specially Assigned.

RODOWSKY, Judge.

This case involves the operation and effect of equitable subrogation on the priority of liens against realty. Subrogation is

"the substitution of one person to the position of another, an obligee, whose claim he has satisfied.... The basic principles underlying subrogation are the same as those in constructive trusts, prevention of merger, and equitable liens, i.e., restitution to prevent forfeiture and unjust enrichment."

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