COURTS

摘要

The California Court of Appeals decided that separate liens on real property are prioritized based on their recording, under California statute. However, if the liens are recorded simultaneously, they are prioritized according to the intent of the parties. Thus, the holder of a home equity line of credit, as the junior lienholder, had a prior claim for the surplus under a nonjudicial sale of the real property, while the mortgage holder retained a senior lienholders claim. MTC Financial, Inc. v. Nationstar Mortgage, 19 Cal.App.5th 811, 228 Cal.Rptr.3d 238, 18 Cal. Daily Op. Serv. 766, No. A150916 (Cal. App. 5th Jan. 22, 2016).