| No, not California Deamin'... That's the Mamas and the Papas. California Lien -ing Time and time again I am asked which liens get paid off first. I'm not smart enough to know all this from rote so I went to my local title company for answers. Want to play a game? Number the following from 1 to 7 as to who get's paid first. __ First Mortgage Loan __ CC & R's (Homeowner Associations) __ Easements __ Second Mortgage Loan __ Property Taxes __ Third Mortgage Loan __ Mechanics Lien Here's the answers. I'll do this in the order in which they get paid. You may be surprised... #1 Property Taxes always get paid first. They are the Numero Uno. Number 1a would be supplemental taxes. Although I think they fall under property taxes, the title company specifically mentioned they get paid second. I'm lumping them into the Property Taxes. #2 CC & R's or what is called Covenants, Conditions and Restrictions. #3 Easements, or the right to use a portion of your property (light poles, gas meters, walkways, etc.). How an easement creates a balance due - Not sure, but it's the third on the list. #4 Finally it's time to pay your First Mortgage. This is the one that surprised me. I knew Property taxes were first but never thought the first mortgage would be fourth in line. #5 As you might guess is for your Second Mortgage. #6 Do you have a Third Mortgage? Really? They'd get paid only after the above were satisfied. #7 The poor mechanic. Not your car mechanic. Chances are it's the contractor that did your kitchen remodel. He placed what is called a Mechanics Lien on the property just in case you forgot to send the check. you did send the check didn't you? So how'd you do? Probably the same as I did. Well, now we are both just a little bit smarter.  |
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