Whose Lien Has Priority — The Secured Lender (Mortgagee) or Homeowner Association? The Answer Is “It Depends”

Every state has a law regarding recording of liens, and recording statutes typically fall within one of three categories: (i) a race statute (e.g., the first to record the lien has priority); (ii) notice (e.g., these statutes typically protect a subsequent lienholder provided such lienholder does not have notice of the prior lien, whether through actual notice, by means of the public records, or otherwise);  Read the article………..


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