Does a Sustitution of Trustee and Assignment of Deed of Trust recorded after tax liens affect lien position?


#1

I am looking at a house where the owner has several State Franchise Board liens that were recorded after the original Deed of Trust. Which should be wiped out by the Trustee Sale. There was then a Substitution of Trustee and Assignment of Deed of Trust recorded after the tax liens, but prior to the NOD. I am assuming the loan was sold. Will this affect the positioning of the tax liens? Are they now superior to the Deed of Trust? I am thinking that the original loan is still in first position even though it was assigned to another lender. Am I on the right path?


#2

Hi Greg,
The lien position is determined by the recording of the original doc which in this case is the deed of trust. Any assignments that are recorded would not affect the lien position of the deed of trust.