If a mortgage is not recorded and a later mortgage is given on the same property, the new mortgage is superior to the first.

Question

Quizplus · Accepted Answer

A mortgage must be in writing and recorded in the county where the property is located (usually the county clerk). Recording a mortgage notifies any third party who may be interested in purchasing the property or in lending money to the owner that the mortgagee has an interest in the real property covered by the mortgage. Failure to record the first mortgage does not remove the obligation of the mortgagor to the first mortgage; the debt simply becomes unsecured.

If a Mortgage Is Not Recorded and a Later Mortgage