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ABN AMRO MTGE. GROUP, INC. v. KANGAH

No. 2009-0553.

126 Ohio St.3d 425 (2010)

2010-Ohio-3779

ABN AMRO MORTGAGE GROUP, INC., Appellee, v. KANGAH ET AL., Appellees; CUYAHOGA COUNTY DEPARTMENT OF DEVELOPMENT, Appellant.

Supreme Court of Ohio.

Decided August 19, 2010.

Attorney(s) appearing for the Case

Sikora Law, L.L.C., Michael J. Sikora III, Maria Mariano Guthrie, Ann M. Johnson, Anthony R. Modd, Lee R. Schroeder, and Adrienne S. Foster; and Shapiro, Van Ess, Phillips & Barragate, L.L.P., Christian E. Niklas, and Chrysostomos E. Manolis, for appellee ABN AMRO Mortgage Group, Inc.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Kelli Kay Perk, Assistant Prosecuting Attorney, for appellant.

Cavitch, Familio & Durkin Co., L.P.A., Michael C. Cohan, Alexander E. Goetsch, and Max E. Dehn, urging affirmance for amicus curiae, Ohio Land Title Association.

[126 Ohio St.3d 430]
PFEIFER, J.

{¶ 1} In this case, appellee ABN AMRO Mortgage Group ("ABN") asserts the doctrine of equitable subrogation to establish its claim to first position in a foreclosure. We conclude that the equities do not favor ABN and that it is in second position, and we reverse the judgment of the court of appeals.

Factual and Procedural Background

{¶ 2} On July 5, 2000...

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