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Re: Date of recording dictates priority.

Posted by Ward-CA- on March 12, 2002 at 8:51 PM

In Reply to: Re: Prepayment penalty, etc. posted by Randi on March 12, 2002 at 5:30 PM

: Concerning the lien...it was filed in 1990, but this guy didn't buy the property until January 2001. That would mean that the lien is still valid, even after the trustee sale, right?

: Randi

=================

Technically yes, but what bothers me is that most traditional lenders won’t make a loan that’s junior to such a lien, and yet you say this lender did.

So if the scenario occurred as you state then I’d have to say YES the lien survives the later recorded institutional lien.


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