Legal Question in Real Estate Law in California

second mortgage

I am borrowing some money from an individual and we want it to be in the form of a second mortgage. Is it enough to use this wording or does it have to be registered somewhere in the public records.


Asked on 6/29/07, 3:29 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: second mortgage

The procedure is to prepare a deed of trust. The deed of trust is recorded with the county recorder in the county in which the property is located. The position of the loan, that is first, second, third, etc depends upon how many deeds of trust have been recorded before it is recorded. No statement on the deed will change it position in the chain of the liens.

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Answered on 7/06/07, 1:54 am


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