The Legal Description > News > ‘First in line, first in right’: Delaware court invokes state race recording statute in lien priority case
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‘First in line, first in right’: Delaware court invokes state race recording statute in lien priority case
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Court Report
Monday, October 12, 2015
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Who is entitled to be paid first from the proceeds of a mortgage foreclosure sale, the creditor who recorded its lien against the property first, or a second creditor who recorded later, but did so as part of a refinancing in which it discharged preexisting mortgages and judgment liens on the same property? Read on to find out how the Supreme Court of Delaware decided one lien priority case.
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