I haven't noticed this in previous posts, so forgive me if I overlooked this answer here.

I am trying to figure out where in the California Code it says how the status of a lien is determined, specifically when creating a mortgage.

Conceivably, we would have a borrower that wants to refinance a first lien and pay off a part of a second lien. (Is this even feasible??) I am looking to find out if the new loan would be subordinate to the unpaid portion of the second lien. (I say yes, unless their is a subordination clause or agreement.) But I am also looking for a way around it if their is no subordination clause or agreement.

Thanks for any help in finding this in the CA code!!

IMO unless you modify the terms of the existing first,paying it off and filing a new lein, without a subordination agreement will cause the existing second to become the senior lein and your new lein will be second.

This is what I found in the Civil Code:
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.

CA Civil Code - Liens in General - Priority of Liens

There is more specific info relating in
CA-Civil Code - Mortgages in General

Brittanie, is this you?

Shawndra

Where have you been?