Subrogation is an equitable remedy to reverse or prevent unjust enrichment1. The remedy is available if:
(1) the defendant has been enriched at the claimant's expense2;
(2) such enrichment was unjust3;
(3) there are no policy reasons for denying a remedy4; and
(4) there are no defences5.
A lender who advances money which is used to discharge a security will therefore normally be subrogated to the rights under that security6 against a borrower and subsequent incumbrancers7 even though there has been no actual transfer of the security. Frequently in such cases it is intended that the lender will be given
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