Q: Can a lender change lien position without owner's authorization in Florida?

A: Whichever lender filed their security instrument first has priority unless there is an executed subordination agreement recorded. Hire a FL to search the title and determine your title's exact status. Such a so called "HEI" mortgage is almost always second or third in priority, as that is why it only applies to your current equity over the first priority note's balance against the value. Did your lender fail to file their mortgage of record?

A: No, a mortgage lender cannot legally change lien positions without proper authorization in Florida. When lien positions need to be changed, a formal "subordination agreement" is required, which is a contract between lenders to adjust the priority of existing mortgages. This agreement must be signed by the lenders involved.

Your situation involves your mortgage lender instructing your homeowner's insurance agent to change their position to first lien without proper notification or obtaining a subordination agreement. In Florida, lien positions follow the "first in time, first in right" rule, meaning the first recorded lien has priority over later liens. When refinancing occurs or changes in lien position are desired, proper legal procedures must be followed, including obtaining consent from all parties and proper documentation.

For a lien position to be properly changed, the subordination process requires formal agreements between lenders, not just instructions to an insurance agent. Since no Subordination Agreement was sent to you or the HEI company, the lender's actions appear to bypass required legal procedures. You should consider contacting the HEI company to alert them about this situation and possibly seek legal advice from a real estate attorney familiar with Florida mortgage law to protect your interests and ensure proper lien position is maintained.