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Cal. Civ. Code § 2898

Priority of Liens

Applied in 5 court decisions — leading case 66 Cal. App. 4th 586 - Issac v. City of Los Angeles (1998)

Most recently applied in 122 F. App'x 872 - Montgomery v. Kirkwood Development, Inc. (November 2004)

Amended by Stats. 1989, Ch. 698, Sec. 3.

How often courts cite this section

19912000200420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A mortgage or deed of trust given for the price of real property, at the time of its conveyance, has priority over all other liens created against the purchaser, subject to the operation of the recording laws.

(b) The priority of the lien of a mortgage or deed of trust on an estate for years in real property shall be determined in the same manner as for determining the priority of a lien of a mortgage or deed of trust on real property.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.