Prior to the Future Advance Act, most attorneys would tell you that the priority of the mortgage related back to the date of recording if future advances were "obligatory." This rule was based on a 100 year old court decision involving a land contract. The Act did not change the law - it only provided another avenue to secure the priority of the future advances. This is not much comfort if you do not use a future advance clause, since you could end up in litigation, and attorneys fees would be expensive. You may want to talk to your title agency. If you are getting date down endorsements at each draw, the title policy should provide some insurance that your advances are secured by a senior lien.