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Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 3476
Experience:  18+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.
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I am in the process of doing a loan modification, Does a state

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I am in the process of doing a loan modification, Does a state tax lien push the first mortgage into second lien position?

Welcome. My name is XXXXX XXXXX it will be my pleasure to assist you with your tax question today.


Lien position is determined by date of recording (filing). For example, if your first mortgage was recorded in 2010 and the state tax lien was recorded in 2011, the mortgage would be in first lien position. The fact that you are in the process of modifying that mortgage does not negate the original recording date of the mortgage. A mortgage modification simply gets recorded to put on record the changes in the existing mortgage.


Please let me know if you require further information or clarification.


Thank you and best regards,


Barbara and other Tax Specialists are ready to help you
Customer: replied 3 years ago.


Hi, Thomas.


Just a short note to thank you for allowing me to be of service to you this morning. It has been my pleasure.