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I have a mortgage note, and the deed restrictions state,

that I am to preserve...
I have a mortgage note, and the deed restrictions state, that I am to preserve this liens priority as it is established in this deed of trust. I have some taxes to pay and want to take out a tax loan. If I do that then I know the tax loan company takes first lien, do I violate that clause of preserving liens priority, there is also another clause that says if this is not a first pay all prior lien notes that grantor(me) is required to pay.
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12/19/2017
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,432
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Can you attach the document? Generally, liens that are prior in time are prior in right. Meaning when they are recorded sets the priority. There are some exceptions to the prior in time scenario. I just want to check the exact wording. I am not certain that the tax lien company would be able to take first lien position. The tax lien in of itself takes priority. I don't know that the tax lien loan does.

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Customer reply replied 5 months ago
Not from my phone I can't but I was told tax loan company when they pay taxes on another persons property they take first lien, and if they don't get their money back from the borrow they attach a lien against the property and foreclose on the lien and take that property. The mortgage company told me that their customers take out tax loans and if that customer doesn't pay the tax loan back whether the customer stays on the property or leaves it. The mortgage company has to pay the tax loan people back or else the tax loan people foreclose on that lien and take the property.

The tax lien absolutely takes first priority. So if you have a tax lien that did take priority over the deed of trust.

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You are right they can and will foreclose. Are you up to date on your deed of trust payments?

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Customer reply replied 5 months ago
They said since their lien was filed first, the tax lien takes their priority and it violates the clause preserve the liens priority as is established in the deed if trust. By taking out a tax loan it takes over their liens priority. He said if I take out the tax loan he will declare me in default and either foreclose on the property cause he doesn't want to take the chance of me not paying and him being stuck with it or file a suit for breach of contract. Im pretty good on mortgage payments on only usually 1 payment behind but they are lenient like that. They don't care if I'm one behind its just the taxes that need to be paid. I owe 3 years of taxes. I understand from their view of how it can be a concern. Can they declare me in default, can they sue if I take out the tax loan under that clause that I have to preserve their liens priority. If it does I will work something else out

I would contact your lender and get ahead of this. You are doing the right thing by paying off the lien. You really don't have an option as the lien is already in first position. Technically the deed of trust of terms have already been violated. Where in Texas is your property located? I will provide a link for local Attorneys that provide FREE consultations in that area that can assist you.

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Customer reply replied 5 months ago
San Jacinto county,but I also pay taxes in liberty county for the school district. How have they been violated

Let me rephrase this.

The deed of trust states it needs to be in first position, if there is a tax lien that would take the first priority position. So either way the deed of trust will not retain first position.

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Customer reply replied 5 months ago
Ok, so they were correct. I have not taken out a tax loan yet maybe they might take a payment plan

Yes. That would be ideal since there is no lien recorded yet.

"first in time is first in right"

Would you like me provide a link for Attorneys that provide FREE consultations in your area?

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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,432
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Customer reply replied 5 months ago
No I think it be cheaper to get on an installment plans with the tax office and pay monthly. The mortgage company would probably accept that

Perfect.

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Customer reply replied 5 months ago
I just did gave you 5 stars

Thank you but the rating is not showing up on my end. Do you see the rating scale at the top of the page on your end?

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Odd. It does not show up on my end.

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Customer reply replied 5 months ago
Send it again

Do you see this?

Rating *****

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Customer reply replied 5 months ago
it says, you rated 5 stars ****

Thank you. It went through. Have a very happy holiday season!

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Attyadvisor
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