IMHO any loan secured by that mortgage is in a first lien position. There is no other security instrument filed against the property other than your one mortgage so how can it be in a subordinate lien position regardless of how many loans are secured by it?
Dan's comment is "There is no other security instrument filed against the property other than your one mortgage...
How do you know that there are no other security instruments recorded again the property?
Should we use the "Future Advance Clause" we automatically order a Title Search to determine that no other financial institution recorded an intervening lien against the property.
If another F/I has a written Verification of Loans, completed by your F/I, that states your current outstanding balance is $15,250.00 and years later you try to claim first on $40,000 because of your future advance clause? I bet you don't put the face amount of your mortgage on your loan verifications?
Better check case law in your state. You could end up being in third position on your last funding.