Note that if the borrower used the proceeds of the loan to alleviate a previous unrelated charge, this is not reason enough to give the new lender the right to transfer. There should be sufficient evidence that the subrogors` new loan was granted for the right purpose. Gower v. State Tax Com., 207 Ore. 288 (Gold 1956) Creditors in trust (i.e. persons who have become creditors of the trustee agent qua) may be allowed to be transferred to the agent`s right to pledge. This is a particularly precarious «right» of trustees: an agent may not be entitled to compensation (for example. B because the agent has committed a breach of trust because he has assumed responsibility to the creditor) or may be limited (for example. B if the agent has committed an independent breach of trust and the clear accounts rule works). In some legal systems, the right to compensation of the agent can be completely excluded. In these cases, under-cutting may be rendered unnecessary or impossible. A volunteer, a stranger or an interlude is one who throws himself into a situation on his own initiative.
The doctrine of surrender is not applied to the simple stranger or the volunteer who has paid the debts of another. The volunteer making the payment has no right or interest to protect him or her. A volunteer cannot invoke under-rogation, because such a person cannot create justice. BMW Fin. Servs, NA, LLC v. Bill Heard Enters. (In re Bill Heard Enters), 423 B.R. 771, 783 (Bankr.
N.D. Ala. 2010). A volunteer makes the payment at his request or in the form of a guarantee or under some constraint, necessary by adequate protection of his own right. The payment by a volunteer serves as an absolute debt relief. In addition, a person who transfers a charge to the property in which he has no interest in being unloaded will not be returned to the rights of the office holder. Moreover, the granting of a lien credit does not result in the lender resigning itself to the rights of the pawnbroker. BMW Fin. Servs, NA, LLC v. Bill Heard Enters.
(In re Bill Heard Enters), 423 B.R. 771, 783 (Bankr. N.D. Ala. 2010) Simply stated, the right to annulment is the right to sue the right of another.