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.
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.