How are mortgage lenders treated in relation to recording statutes?

Mortgage lenders are treated like ordinary purchasers concerning recording statutes. This classification stems from the principle that a mortgage is an interest in real property, similar to the transfer of title that ordinary purchasers would seek to protect through the recording system.

When a mortgage is recorded, it gives notice to the public of the lender's interest in the property, akin to how a property sale is recorded to inform others of the new ownership. This recording establishes priority over subsequent claims or interests that may arise, thereby safeguarding the mortgage lender's position.

In contrast, judgment creditors, inferior lien holders, and unrelated parties do not enjoy the same protections or status in the context of recording statutes. Judgment creditors typically receive priority based on different criteria, such as when the judgment was entered. Superior lien holders have a more secure position because their interests are established prior to others. Unrelated parties lack an interest in the property and do not have standing in relation to the recording process, making the analogy to ordinary purchasers the most fitting for how mortgage lenders are treated under these statutes.