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Pecking Order of Home Liens - Who is in Line for payment if Foreclosed?

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    Pecking Order of Home Liens - Who is in Line for payment if Foreclosed?

    Chapter 7 Florida

    I know that if your home is Foreclosed the first mortgage is number one to get paid, and a second mortgage is pretty well at the bottom of the pile, correct?

    1. First
    2.
    3.
    4.Second

    My question, who is in number 2 & 3 spots. IRS Lien going back 5 years (or) HOA dues going back 1 year?

    #2
    They go by the order in which the loans/liens occurred unless a later lien-holder agreed to a subordination. Assuming you took out the 2nd before any liens were filed (most 2nds will require that any unpaid liens be satisfied before recording so that they actually are in 2nd place), then it would be:

    1. First
    2. Second
    3. IRS (from 5 years ago)
    4. HOA (from 1 year ago)
    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
    0% payback to unsecured creditors, 56 payments down, 4 to go....

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