Tag: trust deeds

Do two lenders funding the refinance of existing trust deeds take the priority positions held by the trust deeds when a separate intervening trust deed is recorded?

Facts: Two lenders funded the payoff of debt secured by a first and second trust deed on a property. On funding, the lenders recorded two new trust deeds on the property. The lenders expected the trust deeds to have the same priority on title as the trust deeds satisfied using the proceeds of their loans.

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