Validity/position with a late lien recording


#1

I was looking at the title data for a house that I am interested in buying that has a first deed of trust dated and recorded on 5/17/07, a second dated and recorded on 7/3/07 and a deed of trust dated and notarized on 3/15/03 but not recorded until 8/19/09. Am I correct in my belief that the 3/15/03 deed of trust will be wiped out by the foreclosure sale of the first trust deed due to its late recording on 8/19/09? Thank you for your assistance.


#2

Fascinating. Liens don’t have to be recorded to be valid. On an issue like this I’d call my title officer and ask. Whether or not your title co will insure a subsequent sale is often the most important question.