Section 265. Tax a lien; exceptions  


Latest version.
  • The tax in this article imposed shall
      be  deemed  and  is  hereby declared to be a lien upon the mortgage upon
      which such tax is imposed  and  upon  the  debt  or  obligation  secured
      thereby,  except  that  upon  mortgages  recorded  prior  to July first,
      nineteen hundred six, such  lien  shall  extend  only  to  that  portion
      thereof represented by the amount advanced subsequently to such date and
      to  the  debt  or  obligation  secured  by such advancement, and for the
      purpose of enforcing the payment of the tax  in  this  article  imposed,
      such  mortgage  and  the  debt  thereby  secured  shall  be deemed to be
      property within this state notwithstanding that  such  mortgage  may  be
      owned  by or be in the possession of a person or corporation outside the
      state and a copy thereof duly certified by the recording officer of  any
      county  in  which  such  mortgage  is recorded shall, for the purpose of
      enforcing the payment of such tax, be deemed to be, and shall  have  the
      same  force  and  effect  as  the  original  mortgage and may be sold to
      satisfy such tax and upon a sale of the whole or any part thereof, shall
      carry with it and transfer to the purchaser all  the  rights,  interests
      and  obligations  of  the  mortgagee  therein  named  or his assignee or
      successor in interest in and to  such  mortgage  and  the  debt  secured
      thereby,  or the part thereof to which such lien attaches, together with
      interest and costs.  The lien of the tax resulting from a deed of  trust
      or  a  deed  absolute  on  its  face  which  is  security  for a debt or
      obligation shall cease ten years after the recording  thereof,  provided
      such a mortgage is in the hands of a bona fide purchaser for value.