The lien position determines who gets paid first when a property is sold or foreclosed — making it one of the most critical risk factors in any note investment.
- A first-position lien has the legal right to repayment before any other liens or claims.
- Second or junior liens only recover funds after the first lienholder is fully satisfied.
- In distressed or low-equity scenarios, lien position can mean the difference between full recovery and total loss.
- Understanding lien hierarchy is essential for evaluating both risk and return potential.
The Strength of First-Position Notes
First-position notes are often preferred by private equity firms because they combine asset-backed security with superior recovery priority.
- Offer the highest likelihood of principal protection and repayment.
- Provide control in default or foreclosure proceedings.
- Enhance exit options — from performing sales to REO takeovers.
- Deliver stronger collateral coverage and more predictable risk-adjusted returns.
Investment Implications
Prioritizing first-lien positions helps safeguard investor capital while maintaining flexibility across acquisition and disposition strategies.
- Reduces exposure to subordinate debt write-offs.
- Supports tighter underwriting and disciplined risk management.
- Aligns with institutional-grade asset protection standards.
- Reinforces portfolio stability and investor confidence.

