A UNIFORM TEST FOR THE EQUITABLE SUBROGATION OF MORTGAGES.

The article aims to understand the doctrine of equitable subrogation as it functions within the context of mortgage refinancings in the U.S., outlining the basic mechanics of mortgages, mortgage recordation, and foreclosures as well as title searches and priority. It describes the development of equitable subrogation in order to identify the historical purpose and scope of equitable subrogation. It recommends a comprehensive reading of major New York cases to determine factors implicitly considered by New York courts in deciding when to use equitable subrogation.