Subrogation is the process of substituting one creditor with a different one. The substitute creditor, or “subrogee”, is granted all the rights of recovery against the debtor that the original party had. The debtor must render payments to the subrogee instead of the original creditor. The person who pays the mortgage when the original debtor failsto pay can obtain all the rights under the doctrine of subrogation.
Subrogation may occur through operation of law, by contract, or through the authorization of a statute. Many states make it a requirement that the subrogation agreement be reduced to writing, or else it will not be enforceable. Subrogation arrangements are commonly employed for mortgages, loans, tax issues, and other creditor-debtor relationships. When a person pays off a debt of anotehr without any assignment or agreement of subrogation, they can be considered as a "volunteer".
When a person other than the original debtor pays the mortgage when the original debtor defaults on a payment. The mortgage is then said to be subrogated to the new party. The new party will be able to obtain the rights of the original creditor under the principles of subrogation.
Mortgage subrogation is subject to several requirements:
Similar principles hold true with regards to property taxes. A party cannot obtain subrogation rights unless they are interested in the property. They should record the subrogation agreement in writing. If a third party has paid taxes on another person’s property, they cannot obtain remedies if they are not interested in the property.
Also, if a person who pays taxes for another person’s property by mistake, the court treats them as if they were a volunteer. They will not be able to obtain recovery through subrogation without an agreement.
If you are involved in a mortgage subrogation situation, you should contact an attorney for advice. Mortgage and property title disputes frequently arise when one party has rendered payments for another. These can often be avoided through the use of a subrogation agreement. Mortgage subrogation agreements should be drafted and reviewed by a lawyer to ensure that they follow the various legal requirements, which may vary from state to state. An experienced real estate lawyer will also be able to provide you with representation in the event that a lawsuit becomes necessary.
Last Modified: 06-06-2018 11:49 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.