Mortgage Lien

Definition of "Mortgage lien"

Miguel C Martinez
Miguel C Martinez Spring Hill Real Estate, Llc.

A lien on the property of a mortgagor. In most states a mortgage gives the mortgagee a lien-as opposed to the common-law practice of granting conditional title-on the house or property as security for the loan. A mortgage lien secures the loan. In the event of a default, a mortgage lien holder can foreclosure on the property in order to satisfy the claim of the mortgagor. The priority of a mortgage lien depends on the number of previous liens on the property. If there are no other previous mortgage liens or other financial obligations against the property, then the mortgage lien is considered a first mortgage and takes priority over succeeding loan agreements. In case of foreclosure, the holder of a second mortgage lien can recover only after the first mortgage lien holder has been paid.

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