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A California borrower has a first deed of trust with Bank A and a second deed of trust with Bank B. The borrower refinances the first deed of trust with Bank C. Bank B did not sign a subordination agreement. What is the lien priority after the refinance?

Correct Answer

D) Bank B's deed of trust becomes first, and Bank C's new deed of trust becomes second

When Bank A's deed of trust is paid off and reconveyed, Bank B's deed of trust moves up to first position by operation of law. Bank C's new deed of trust, recorded after Bank B's existing lien, takes second position. Without a subordination agreement from Bank B, Bank C cannot claim first position.

Answer Options
A
Bank C's new deed of trust is first, Bank B remains second
B
All three deeds of trust share equal priority
C
Bank A's original deed of trust remains first since it was never fully released
D
Bank B's deed of trust becomes first, and Bank C's new deed of trust becomes second

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Related Topics & Key Terms

Key Terms:

lien_prioritysubordinationrefinancerecording_order

Related Concepts

An FHA loan is a mortgage insured by the Federal Housing Administration that allows lower down payments and credit scores than conventional loans. It is designed to help first-time homebuyers and borrowers with limited resources.

A fixed-rate mortgage has an interest rate that remains constant for the entire term of the loan, resulting in equal monthly principal and interest payments throughout the life of the mortgage.

Foreclosure is the legal process by which a lender takes possession of a property when a borrower fails to make mortgage payments. It allows the lender to sell the property to recover the outstanding debt.

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