First Position

sFirst Position

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.