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Hicks v. Londre

Supreme Court of Colorado (2005) | 125 P.3d 452

4 min read

TL;DR: The Colorado Supreme Court affirmed that new property purchasers and their lender could equitably subrogate to the priority position of a seller's prior lender, bypassing an intervening judgment lien, despite the lien's proper recording.

Legal Significance: This case reaffirms equitable subrogation as a narrow exception to the Recording Act, applicable when specific factors are met and the intervening lienholder is not prejudiced, even with constructive notice of the intervening lien.