SECTIONS 2897-2899 - California Statutes

CIVIL CODE

SECTION 2897-2899

2897. Other things being equal, different liens upon the same
property have priority according to the time of their creation,
except in cases of bottomry and respondentia.

2898. (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.

2899. Where one has a lien upon several things, and other persons
have subordinate liens upon, or interests in, some but not all of the
same things, the person having the prior lien, if he can do so
without risk of loss to himself, or of injustice to other persons,
must resort to the property in the following order, on the demand of
any party interested:
1. To the things upon which he has an exclusive lien;
2. To the things which are subject to the fewest subordinate
liens;
3. In like manner inversely to the number of subordinate liens
upon the same things; and,
4. When several things are within one of the foregoing classes,
and subject to the same number of liens, resort must be had--
(1.) To the things which have not been transferred since the prior
lien was created;
(2.) To the things which have been so transferred without a
valuable consideration; and,
(3.) To the things which have been so transferred for a valuable
consideration in the inverse order of the transfer.