Sherman v. Deutsche Bank National Trust Co.
Florida District Court of Appeal
100 So. 3d 95 (2012)
In September 2005, the owner of a residential property (homeowner) obtained a mortgage from Fremont Investment & Loan (Fremont). In May 2006, the homeowner obtained a mortgage from Martin and Grace Sherman (defendants). In September 2006, the homeowner refinanced with Washington Mutual Bank (WaMu). The amount of the WaMu mortgage was sufficient to pay off both the Fremont mortgage and the Sherman mortgage. WaMu paid off the Fremont mortgage but did not pay off the Sherman mortgage. The remaining funds from the WaMu mortgage were disbursed to the homeowner, and the homeowner did not pay off the Sherman mortgage. The WaMu mortgage was later acquired by Deutsche Bank National Trust Company (Deutsche) (plaintiff). Subsequently, the homeowner defaulted on the Deutsche mortgage and the Sherman mortgage. Deutsche commenced a foreclosure action, contending that its mortgage should have priority over the Sherman mortgage. The Shermans filed an objection. Applying the equitable-subrogation doctrine, the trial court held that the Deutsche mortgage had priority over the Sherman mortgage. The Shermans appealed.
Rule of Law
Holding and Reasoning (Salter, J.)
Dissent (Schwartz, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.