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JP MORGAN CHASE BANK, N.A. v. BANC OF AMERICA PRACTICE SOLUTIONS, INC.

No. G045943.

209 Cal.App.4th 855 (2012)

147 Cal. Rptr. 3d 287

JP MORGAN CHASE BANK, N.A., Cross-complainant and Respondent, v. BANC OF AMERICA PRACTICE SOLUTIONS, INC., Cross-defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

September 27, 2012.

Attorney(s) appearing for the Case

Law Offices of Marlene Leiva, Marlene Leiva; Carroll, Burdick & McDonough, Vicki L. Freimann and Nathaniel K. Fisher for Cross-defendant and Appellant.

Law Offices of Mary Jean Pedneau, Mary Jean Pedneau, William R. Larr and Susan S. Vignale for Cross-complainant and Respondent.

OPINION

MOORE, J. —

This case involves the application of equitable subrogation. JP Morgan Chase Bank, N.A. (Chase), made a loan to Jon and Julie Siems to pay off their first and second deeds of trust on their residence. Chase intended its loan to be secured by a new first deed of trust. Indeed, its escrow instructions specifically forbade disbursement of the funds if its deed of trust would not be in the primary position.

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