Re: Title calamity - TD's recorded in wrong order

I think you are barking up the wrong tree by insisting that there is a recording mistake. First position HELOCs are not that uncommon. You might want to read up on the vast array of reasons why lenders do this and the products/packages they offer consumers with just this scenario. Even if it is a mistake, you are not in position to be made whole by any title insurance policy.

Did you buy this property thinking the HELOC was in second? Do you know if the HELOC is tapped out? IMO this is not a title issue or mistake, but rather you bought something subject to a possible $75K first. What about having escrow make a demand of the lender and see what is owed? I don't know what title company would bond around a legit, open trust deed in 1st position. Bonding is for title issues that aren't likely to re-surface. Here you are talking about an open first.