Legal Question in Banking Law in New Mexico

Does a judgement supersede a mortgage lien? We filed a mortgage some years ago and now are in the process of renewal. We ordered a new title binder and found that a recent judgemen has been filed. Do we lose our lien position?


Asked on 2/29/12, 4:51 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

"First in time, first in right." A Judgment lien, properly filed as a lien (most aren't) is inferior to a prior valid note/mortgage.

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Answered on 3/01/12, 11:23 am


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