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Posted by Ward-CA- on June 26, 2002 at 22:55:47:
In Reply to: lien priority posted by rob on June 26, 2002 at 19:43:14:
: I have found judgements and liens that do not appear to be specific to the property. How do I determine whether or not they will have priority if I purchase the property at Trustee's Sale? Are they given priority like IRS leins and property tax liens or are they ordered by recording date?
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Rob,
There are two basic classes of liens, voluntary and involuntary. All voluntary liens, like trust deeds or mortgages, specifically identify which particular property they are secured by.
However, most involuntary liens, such as judgments, do not need to identify any of the properties they are secured by since they automatically attach, by operation of law, to all properties in the county that are in a particular debtor’s name.
Involuntary liens, even IRS liens, establish their seniority like all regular liens do, by the date they were recorded.
Property taxes however, are in a class by themselves. They are universally considered, in all states and the District of Columbia, to be the most senior of all liens—regardless of when they were created.
Hope this helps.
