Lein Determination


#1

How can you tell if its the first lein or second or third being auctioned off?


#2

The position of any *open* loan(s) is determined by recording date. Goes by seniority. The older (recorded earlier) liens/loans are ‘senior to’ liens/loans recorded more recently. You can find multiple differing dates in a deed of trust (DOT), but you should focus on the ‘recording date’ as that establishes loan position. While not common, you should also look for any recorded ‘subordination agreement’ which might change the position of an open loan. Foreclosure Radar shows you (under open loans) the theoretical position (seniority) of the open loan(s) based on data in their system and other metrics. FR also shows the loan position (e.g. 1st, 2nd, 3rd), of the the loan going to sale, under Notice of Trustee Sale Details. Despite this very helpful data, it is important to verify (confirm) the loan position by conducting your own research. Contacting a title pro or a trip down to the recorder’s office may be necessary. There are several ‘how to’ tutorials on this site that help explain the research process. ??

  • Daniel Butterfield (iDannyB)