ILNews

COA affirms use of equitable subrogation

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed the trial court’s decision to award title over a disputed piece of property, but reversed regarding the order the defendant pay the plaintiff’s attorney fees.

Lori Eifrid filed claims against Daniel Millikan for foreclosure, specific performance and promissory estoppel regarding a certain parcel of real property. The trial court applied the doctrine of equitable subrogation and awarded the property to Eifrid.

The property in question is a parcel of land directly to the south of Eifrid’s parcel (Parcel A), which is referred to as the Triangle. Without it, Eifrid’s ingress and egress to the cul-de-sac is effectively prevented. Millikan owns property adjacent to Eifrid’s property.

In 2001, Millikan’s brother executed a warranty deed transferring and conveying Eifrid’s parcel and the Triangle to Roger Maxey. Those two pieces were identified as single parcels of property. Maxey got a mortgage on those properties. Maxey agreed to swap with Millikan the Triangle for a 4-foot-wide strip of land just east of Parcel A.  Eventually, Maxey executed a warranty deed in lieu of foreclosure in favor of the Secretary of Veterans’ Affairs on Parcel A and the Triangle, which then sold the property to Eifrid in 2006. She was given a deed that said Parcel A and the Triangle were a single tract, so she believed she was buying land that included access to the cul-de-sac.

Eifrid learned of the issues caused by the attempted “swap” of the properties between Millikan and Maxey when she received notice that a mortgage company was seeking to foreclose on the strip, which is a 4-foot-wide strip of land directly east of Parcel A. She sought to foreclose on the mortgage on the strip, and she purchased the land at a sheriff’s sale. She then filed her complaint of foreclosure, specific performance and promissory estoppel against Millikan for a determination that her legal title to the Triangle is superior to any right, title or interest Millikan might claim and that Millikan exchange the Triangle for the strip of land.

The trial court originally gave Millikan clear title to the Triangle and Eifrid title to the strip. She filed a motion to correct error, which the trial court granted. It then ruled in favor of Eifrid and awarded her legal title of the Triangle. It also ordered Millikan pay Eifrid’s attorney fees even though it did not find he committed fraud.

In Daniel P. Millikan v. Lori A. Eifrid, No. 92A03-1109-PL-433, the COA affirmed, finding the trial court did not err in determining that the doctrine of equitable subrogation applied in these circumstances. There is no showing that Eifrid or the SVA are culpably negligent in failing to discover the improper swap of the property, wrote Judge John Baker.

The trial court did abuse its discretion in ordering Millikan to pay Eifrid’s attorney fees because it did not find Millikan committed fraud or conversion and there’s no statement that Millikan was litigating the matter in bad faith. The judges remanded with instructions to vacate the award of attorney fees.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Do you know who the sponsor of the last-minute amendment was?

  2. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  3. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  4. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  5. Don't we have bigger issues to concern ourselves with?

ADVERTISEMENT