Superiority of Judgment Lien

This is short and sweet. For those of you who have asked about the superiority of your judgment lien, here is the answer.

Remember that the lien which is filed first chronologically is the lien with the superior position over other liens. It doesn’t matter if the other lien is a mortgage lien, mechanics lien, judgment lien, or whatever. The first filed is superior. When debtor property is sold in foreclosure, sheriff’s sale, etc. the money goes to the superior lien first. Others with perfected liens against the debtor’s property (whether personal or real) will be paid in order until the money runs out.

Also, it is important to note that taxing authorities that hold a lien against the taxable property of a debtor are in possession of a lien that is superior to all others.

Many times a superior lien position is referred to as a senior position. Superior or senior mean the same thing.

If you hold a judgment lien against a person or entity, it will behoove you to check the records to determine for sure whether your lien is superior or not to any other perfected liens. This is particularly true if a sale of your judgment debtor’s property will not bring enough money to pay off all lien holder claims.

I hope this answers your questions about superiority of judgment liens.

 
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