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HAYES v. EMC MORTGAGE CORP.

No. A08A2317.

675 S.E.2d 594 (2009)

HAYES v. EMC MORTGAGE CORPORATION.

Court of Appeals of Georgia.

March 18, 2009.

Attorney(s) appearing for the Case

Robertson, Bodoh & Nasrallah, Morgan M. Robertson, Marietta, for Appellant.

Smith, Gambrell & Russell, Edward Davison Burch Jr. and Colin Rhys Patrick Delaney, Atlanta, for Appellee.

SMITH, Presiding Judge.

Clarence Hayes, Jr., filed a complaint to foreclose on a judgment lien against certain property. Wells Fargo Bank, NA, predecessor in interest to EMC Mortgage Corporation (EMC), counterclaimed seeking a declaration that, under the doctrine of equitable subrogation, it held the first priority lien against the property. EMC moved to be substituted as the defendant/plaintiff-in-counterclaim, and also for summary judgment. The trial court granted...

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