| DATE: |
09/25/01 |
|||
|---|---|---|---|---|
| SUBJECT/TOPIC: |
LOAN MODIFICATIONS | |||
| Q: | If you have a deed of trust that is properly recorded and
then a second/subordinate deed of trust is recorded on
the same property and then the first deed of trust is
modified, does the original/first deed of trust, as
modified, still have priority over the second deed of
trust? No new money is loaned, only the terms of the
note/loan agreement are modified, e.g., rate, term, or
both, etc.
I think the first deed of trust still has priority as modified. Thank you in advance. |
|||
| A: | Usually the first will say that it secures the note and all
modifications, amendments, etc. If it does, I think you're
in good shape. If it doesn't, you still may be okay as
long as the changes aren't material and don't render the
first misleading. |
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