Home Owner (Condo) Association Super Lien Priority Issues
In This Section
MBA supports the principle of "first in time, first in right," that any private lien added after origination of a property's first lien mortgage should not take priority over the mortgage in foreclosure, or have the ability to extinguish its interests.
Overview: MBA strongly disagrees with recent court decisions that upset the priority position of first lien mortgages. Similarly, MBA opposes state legislative efforts to align their laws with these legal interpretations. MBA's views are grounded in its "Statement of Principles" on HOA super liens-which is co-branded with MBA by six other national financial services trade associations.