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Click here for the full text of this decision FACTS:Daniel and Wendy Langston secured a home equity loan with Citizens Federal Credit Union, which created a home equity lien against Daniel’s separate real property. When the parties divorced, the trial court divested Daniel of this property and awarded it to Wendy. This court reversed that holding in 2002, ruling that Daniel should not have been divested of his property. In the interim, Wendy had refinanced the loan with Citizens. She got a new home equity loan with GMAC Mortgage Co. and used the proceeds to pay off the Citizens loan. Her security instrument established a first lien in favor of GMAC on the property that had belonged to Daniel. On remand, GMAC intervened in the proceedings seeking a declaration that its real estate lien is enforceable against the property (belonging again, now, to Daniel) under the doctrine of equitable subrogation, even though Daniel did not execute a security instrument in GMAC’s favor. The trial court granted GMAC’s motion for summary judgment, and Daniel now appeals. HOLDING:Affirmed. The trial court’s first judgment awarded the tract at issue to Wendy. Accordingly, she was entitled to exercise ownership rights with respect to the property while the case was on appeal. During this period, Wendy extinguished the debt she and Daniel owed to Citizens with the proceeds of the loan she obtained from GMAC. GMAC did not voluntarily pay the debt owed to Citizens; it did so at the request of Wendy, one of Citizens’ debtors. Furthermore, GMAC made the advance with the express agreement that it would have a first lien on the property. While Daniel did not participate in obtaining the loan from GMAC, he benefited from the loan because it extinguished the prior lien on the property. OPINION:McCall, J.; Wright, CJ, and McCall and Strange, JJ.

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