Paliatka v. Bush

Court properly dismissed complaint with prejudice, as Plaintiff was unable to state a cause of action for an equitable mortgage, as Plaintiff stated that there was no written agreement subrogating him to the original mortgage on the property. Plaintiff does not meet requirements for contractual subrogation, as no evidence of an express agreement, and he did not record his lien. No debt, duty, or obligation is owed to Plaintiff, and thus he cannot state a cause of action for an equitable lien. (HOWSE and LAVIN, concurring.)