In Texas, lien priority is based on when things get recorded. Texas is a (true) notice state. So let me give you an extreme example to illustrate lien priority. This is a lien priority situation with about everything that you could possibly come imagine. We have a purchase-money mortgage with a current balance of $230,000 with $15,000 in arrears. The arrearage includes all back payments, late fees, attorney fees and all the other fees that have been tacked on by the mortgage lender. This lien was recorded 6-20-2010. We have another lien of record with a balance of $50,000 (used to build a pool) with $5,000 in arrears. Again this includes the back payments and fees. This was recorded 8-21-2010. As you can see, the unfortunate homeowner and her husband lost their jobs in April of 2020 when COVID struck! They have two judgment liens against them. One with Citibank for $2,000 recorded 11-11-2020, and one with Amex for $4,000 recorded 1-6-2021. We have a $6000 IRS tax lien recorded 10-20-20 for tax year 2016. And finally, we have $10,000 in delinquent ad valorem property taxes. The Ist mortgage is foreclosing - what is their opening bid at the auction? The property is worth $300,000 to $320,000 in a competitive foreclosure market and the lender anticipates bidders will go to at least $300,000 1. What amount should 1 mortgage lienholder bid at the foreclosure sale to protect its interest? 2. What amount, if any, should 2nd mortgage lienholder bid at foreclosure sale to protect its interest? 3. What happens to IRS lien upon foreclosure? 4. What happens to the Citi and Amex liens upon foreclosure? 5. What happens to the $10,000 ad valorem taxes upon foreclosure of the first lien. In Texas, lien priority is based on when things get recorded. Texas is a (true) notice state. So let me give you an extreme example to illustrate lien priority. This is a lien priority situation with about everything that you could possibly come imagine. We have a purchase-money mortgage with a current balance of $230,000 with $15,000 in arrears. The arrearage includes all back payments, late fees, attorney fees and all the other fees that have been tacked on by the mortgage lender. This lien was recorded 6-20-2010. We have another lien of record with a balance of $50,000 (used to build a pool) with $5,000 in arrears. Again this includes the back payments and fees. This was recorded 8-21-2010. As you can see, the unfortunate homeowner and her husband lost their jobs in April of 2020 when COVID struck! They have two judgment liens against them. One with Citibank for $2,000 recorded 11-11-2020, and one with Amex for $4,000 recorded 1-6-2021. We have a $6000 IRS tax lien recorded 10-20-20 for tax year 2016. And finally, we have $10,000 in delinquent ad valorem property taxes. The Ist mortgage is foreclosing - what is their opening bid at the auction? The property is worth $300,000 to $320,000 in a competitive foreclosure market and the lender anticipates bidders will go to at least $300,000 1. What amount should 1 mortgage lienholder bid at the foreclosure sale to protect its interest? 2. What amount, if any, should 2nd mortgage lienholder bid at foreclosure sale to protect its interest? 3. What happens to IRS lien upon foreclosure? 4. What happens to the Citi and Amex liens upon foreclosure? 5. What happens to the $10,000 ad valorem taxes upon foreclosure of the first lien