D.C.: Enforcement of Equitably Subrogated Lien Upheld; Collateral Estoppel Barred Challenge that Enforcement was Precluded by Actual Knowledge of Title Defect
In Stevenson v. HSBC Bank USA, N.A., 324 A.3d 295 (D.C. 2024), the D.C. Court of Appeals affirmed the grant of summary judgment to the Lender in its judicial foreclosure action, which sought to enforce a lien established under the doctrine of equitable subrogation. Lender’s rights to equitable subrogation had been established in a prior federal case allowing Lender “to stand in the shoes of a prior lender” (“Prior Lender”), whose lien had been paid off by Lender. Because of the prior federal case, the Court precluded challenges to equitable subrogation or enforcement of the lien. Thus, the Court held that Lender could enforce the prior loan, including interest, by way of foreclosure under the Prior Lender’s deed of trust.
A copy of the opinion can be found here.
Background
The Borrower and Co-Owner jointly owned a property in D.C. In 2005, the Borrower took out a loan from a Prior Lender, secured by a deed of trust which both owners signed. Later that year, the Borrower refinanced with a new lender, using approximately $118,000 of the proceeds to pay off the previous loan. For this refinance loan, the Co-Owner did not sign either the note or the deed of trust, and the new lender was aware that the Co-Owner was a joint owner who refused to sign the loan documents. After the Borrower defaulted on the refinance loan and filed for bankruptcy, the current Lender (as successor in interest to the refinancing lender) sought to enforce its security interest.
In the ensuing bankruptcy proceedings, the federal courts (initially the bankruptcy court, and then the District Court) determined that the Lender was entitled to equitable subrogation with respect to the $118,000 used to pay off the first loan, including interest under the Prior Loan, placing the Lender in the first lender's shoes regarding that amount. This determination was affirmed by the D.C. federal appellate court.
Lender therefore filed the subject action for judicial foreclosure in D.C. Superior Court, which granted summary judgment based on the preclusive effect of the federal litigation. Borrower and Co-Owner appealed.
Analysis
The D.C. Court of Appeals held that the Borrower and Co-Owner were collaterally estopped from challenging (1) the Lender's status as holder of the note, (2) the Lender's right to equitable subrogation, and (3) the validity of the refinance loan under the Truth in Lending Act. The Court explained that all these issues had been actually litigated and determined by a valid, final judgment after full and fair opportunity for litigation, and the determinations were essential to the judgment.
In addressing the equitable subrogation issue specifically, the Court rejected the argument that the federal appellate court's acknowledgment that the D.C. Court of Appeals might adopt a different approach regarding whether actual knowledge barred the application of equitable subrogation. Although the D.C. Court of Appeals agreed with the federal appellate court’s footnote that it was not bound by the federal court's interpretation of D.C. law, it determined that “for the purposes of the present litigation, between these two parties, this issue has been squarely decided.”
Accordingly, the Court affirmed the grant of summary judgment in favor of Lender, on its claim for judicial foreclosure.