Section 2.31 Priority Between Holders of Deeds of Trust
| Library | Creditors' Remedies (2009 Ed. + 2014 Supp) |
2. (§2.31) Priority Between Holders of Deeds of Trust
It is clear that a deed of trust recorded before the judgment lien is superior to the judgment lien in all respects. But a deed of trust granted on real estate following the entry of a judgment lien can also take priority over the judgment lien under certain circumstances. This is because of caselaw indicating that the judgment lien does not attach to the surplus produced by a foreclosure sale under a preexisting deed of trust. In Hawkins v. Alcorn, 698...
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