Whose Lien Has Priority In Fla. — The Mortgagee Or HOA?
Law360, New York ( December 17, 2015, 11:14 AM EST) -- Every state has a law regarding recording of liens, and recording statutes typically fall within one of three categories: (i) a race statute (e. g. , the first to record the lien has priority); (ii) notice (e. g. , these statutes typically protect a subsequent lienholder provided such lienholder does not have notice of the prior lien, whether through actual notice, by means of the public records or otherwise); or (iii) race-notice statute (e. g. , a prior lien is void against a later lien if the later lienholder was without notice of the prior lien and was the first to record the lien). Pursuant to Section 695. 01, Fla. Stat. , Florida is a notice state. This means that a subsequent mortgagee who provides a mortgage loan for value and without notice of a prior mortgage or other lien will prevail against the prior mortgagee or lien holder. . . .
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
