Land records · Parcel maps · October 6, 2026
What Is Lien Priority? Who Gets Paid First
What is lien priority? The order in which liens on a property get paid from a sale or foreclosure. First in time rules, exceptions, and how it shifts.
What is lien priority? Lien priority is the ranking that decides which creditors get paid first when a property is sold, refinanced, or foreclosed and there is not enough money to pay everyone. The general rule is “first in time, first in right”: a lien recorded earlier usually ranks ahead of one recorded later. Many exceptions exist, though. Property taxes, some special assessments, mechanics liens in certain states, and other liens can jump ahead of earlier mortgages by law. This page is general land-records background, not legal advice.
The basic rule
When liens are recorded in the county land records, each one gets a recording date and time, and sometimes an instrument number in sequence. Under most state recording laws, that sequence sets priority. A first mortgage recorded in 2015 generally ranks ahead of a home equity line recorded in 2019, which in turn ranks ahead of a judgment recorded in 2022.
Common exceptions
| Lien type | Typical priority |
|---|---|
| Property taxes | Usually first, ahead of mortgages, regardless of date |
| Special assessments and some PACE liens | Often equal to taxes |
| Mechanics liens | In many states, relate back to when work started |
| HOA liens | Some states give a “super-priority” for a few months of dues |
| Federal tax liens | Rank by filing date, with special rules |
| Purchase-money mortgages | May get priority over earlier judgment liens against the buyer |
These rules vary by state, so the same facts can lead to different results in different places.
Why priority matters at foreclosure
When a senior lienholder forecloses, junior liens are generally wiped out from the property, though the debt may still be owed personally. When a junior lienholder forecloses, the buyer takes the property subject to the senior liens. That is why buyers at foreclosure sales need to know what liens are ahead of the one being foreclosed. See what is a tax lien.
Changing priority on purpose
Lienholders can agree to change their order through a subordination agreement, common in refinancing when a home equity line lender agrees to stay behind a new first mortgage. See what is a subordination agreement.
Mechanics liens and relation back
In many states, a contractor’s lien relates back to the date work started or materials were first delivered, even if the lien is recorded months later. That can put it ahead of a construction loan recorded after work began. Lenders often inspect the site before recording to confirm no work started. See what is a mechanics lien.
How title companies check priority
A title search lists all recorded liens with their dates. The title commitment shows which must be paid off and which will remain. Lenders require their mortgage to be in a specific position, usually first. See how to find liens on a property.
Unrecorded claims
Some claims affect a property without being recorded yet, such as unpaid property taxes not yet delinquent, or contractor rights before a lien is filed. Title insurance and lien affidavits help manage that risk.
Priority and sale proceeds
In a normal sale, all liens are usually paid off at closing from the proceeds, in order, and released. Priority becomes critical when the sale price is less than the total liens, as in short sales and foreclosures. In a short sale, junior lienholders often negotiate for a small payment to release their liens, since they would get nothing at foreclosure.
Bottom line
Lien priority is the order in which creditors get paid from a property. The default is first in time, first in right by recording date, but property taxes, assessments, some mechanics liens, and certain other liens can come first by law. Priority can be changed by subordination. Find county recorders and lien records via the Platbookmapper map.
What is lien priority FAQ
What does first in time, first in right mean?
Liens recorded earlier generally get paid before liens recorded later.
Do property taxes come before a mortgage?
Usually yes. Property tax liens generally have priority over mortgages.
What happens to second mortgages in foreclosure?
If the first mortgage forecloses, junior liens are typically wiped out from the property.
Can lien priority be changed?
Yes, by a subordination agreement or certain state laws.
Do mechanics liens have special priority?
In many states they relate back to when work began, which can put them ahead of later loans.