A question we’ve received from clients with increased frequency is whether they can forgo recording their loan modification agreement in certain circumstances or jurisdictions without jeopardizing their mortgage lien. And, as someone who has litigated several lien priority disputes stemming from an unrecorded loan modification agreement, I can say the answer isn’t always straightforward. From the business perspective, there may be an opportunity to increase workflow efficiencies, reduce timelines, and save on title or recording fees by not recording. However, there is always the competing compliance perspective: maintaining compliance when the recording requirements are clear and successfully managing details ⇒

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