What Is Priority of Liens?
Priority of liens is the order in which competing claims against the same property are paid when the property is sold or foreclosed. Because a property can carry several liens — a mortgage, a judgment lien, a tax lien, contractor's claims — priority decides who gets paid first from the limited proceeds, and who may receive little or nothing.
"First in Time, First in Right"
The general rule is "first in time, first in right": a lien that is recorded earlier usually has priority over one recorded later. Florida is a "notice" recording state, so promptly recording an interest is what protects its place in line against later claims.
Important Florida Exceptions
- Property tax liens are superior to most other liens regardless of recording date — they generally come first
- Construction (mechanic's) liens can relate back to an earlier date, affecting their priority
- A purchase-money mortgage and certain other interests may receive special priority
Priority is central to foreclosure: a senior lienholder's foreclosure can wipe out junior liens, while the senior lien survives a junior lienholder's foreclosure.
Related Terms
- Lien — The claim whose priority is being ranked
- Mortgage — A common lien whose priority matters in foreclosure
- Foreclosure — Where lien priority is resolved
Barnes Walker Real Estate
Barnes Walker's real estate attorneys and title professionals analyze lien priority, clear title, and handle foreclosure matters across Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC