Which type of unrecorded lien generally takes precedence in a foreclosure sale?

In a foreclosure sale, real estate taxes generally take precedence over other types of unrecorded liens. This is because taxes owed to the government are considered a primary obligation. The principle behind this prioritization is that the government has a vested interest in collecting taxes to fund public services and maintain infrastructure, thus ensuring that these payments are satisfied before other claims against the property are addressed.

For example, a government entity's claim for unpaid real estate taxes will supersede a homeowner association lien or a judgment lien in a foreclosure process. Even if those liens were recorded later than the taxes, they would not affect the tax lien's priority. This prioritization is established to guarantee that necessary governmental functions are funded, reinforcing the importance of paying property taxes in a timely manner. This system incentivizes compliance with tax obligations, as neglecting to pay them can result in severe consequences, including the loss of property through foreclosure.