Position Displaced
Jim
Jim held what he believed was a collateral charge in third position on a property. At some point, a new HELOC was registered: Jim’s existing charge was removed from title and reinstated behind it, in fourth. Jim wasn’t aware this had happened. When the property went into default, proceeds were distributed by registered priority — the HELOC ahead of him — and Jim recovered nothing.
The problem wasn’t that the property defaulted. It was that Jim’s position had changed, and he didn’t know.
Caught Early
Marcus
Marcus held a second-position mortgage and had his position reviewed twice a year as a matter of routine. One review turned up a new charge registered against the property with very high rates. This signaled the borrower could be in trouble. Marcus raised it immediately, got a straight answer from the borrower’s lawyer, and had his security addressed before the situation went any further.
Nothing went wrong — because Marcus was watching closely enough to ask, while there was still time to ask.
Guarantee Gap
Priya & Raj
Priya and Raj lent against a corporate borrower, comforted by a personal guarantee from its principal. When the loan defaulted, it turned out the guarantee had never actually been placed on title — only referenced in the paperwork. When the borrower sold their home, no proceeds went to them, effectively removing the guarantee.
A guarantee you haven’t verified isn’t a guarantee.
Value Erosion
Diane
Diane’s mortgage was advanced against a loan-to-value that looked comfortable at the time. Two years later, approaching renewal, the market had moved and her cushion had shrunk considerably. With a default analysis in hand she knew it was best not to renew. She gave the borrower enough notice to find an alternate lender and got all of her money back to deploy elsewhere.
She didn’t avoid the market shifting. She avoided having to deal with a default where there was not enough equity to come out whole.
Tax Priority
Grace
Grace believed she held a rock-solid first mortgage with a healthy equity cushion. She didn’t know the borrower had stopped paying property taxes. Unpaid taxes rank ahead of every mortgage — by the time she became aware of the arrears her options were limited, they had eaten deep into the cushion she was counting on.
A cushion you haven’t checked isn’t a cushion you can count on.