Florida Broker Practice Exam

Which type of lien pledges real property as collateral and is prioritized based on the date of recording?

1. Vendor's lien

2. Mortgage lien

3. Construction lien

4. Property tax lien

The correct answer is: Mortgage lien

A mortgage lien is a legal claim against a property that allows the lender to take ownership of the property if the borrower defaults on their loan obligations. This type of lien pledges real property as collateral for the loan, thereby providing security for the lender. The prioritization of a mortgage lien is determined by the principle of "first in time, first in right," meaning that the lien's priority is determined by the date it is recorded. This is crucial in situations where multiple liens exist against a property, as it establishes the order in which creditors can claim against the property. In contrast, other types of liens may have different characteristics. For instance, a vendor’s lien is typically related to unpaid purchase money from a seller to a buyer and can be less common than mortgage liens. Construction liens, while they also can involve priority, are specifically related to unpaid work or materials provided for construction projects. Property tax liens, which arise from unpaid property taxes, have a special status that allows them to take precedence over typical mortgage liens, regardless of the recording date. Thus, the defining feature of a mortgage lien is its role as a pledge of real property as collateral and its prioritization based on the date it is recorded.