Florida Broker Practice Exam

Which type of lien is established by the date of recording with the respective clerk of court?

1. Mortgage lien

2. Vendor's lien

3. Priority lien

4. Judgment lien

The correct answer is: Mortgage lien

The correct answer is the mortgage lien. A mortgage lien is a type of interest that the lender has in a property, and it is created when a borrower signs a mortgage agreement to secure a loan for purchasing real estate. The key aspect of a mortgage lien is that it becomes enforceable against third parties upon recording with the clerk of court. This means that the date of recording establishes priority over other claims or liens against the property that may be recorded later. When a mortgage is recorded, it is publicly documented, serving as notice to the world that the property is encumbered by a mortgage. This public notice is crucial in the realm of real estate, as it helps determine the order of claims against the property in case of foreclosure or sale. Other types of liens, such as a vendor's lien, do not necessarily depend on the date of recording to establish their rights since they may arise from the terms of a contract without the need for formal recording. A judgment lien is created as a result of a court decision and can be recorded, but its establishment is tied more to the outcome of a legal proceeding rather than simply the date of recording. Priority liens are not a specific type of lien but rather refer to the concept of which liens have precedence based