You sound like you know alot about recording, so I will ask you. If the person records the mortgage and then the owner of the property goes to take another mortgage on the property, is it true that since the first mortgage was recorded, the next mortgage would be a second mortgage and subject to the first mortgage being paid off first before they are paid? If so, then if the mortgage is executed, but not filed, and the person took out another mortgage at a later date and that mortgage is filed, doesn't that mortgage become the first mortgage and get paid off first regardless of the fact that another mortgage was executed on an earlier date because the earlier mortgage was not filed? There are times where there is not enough money to pay off both mortgages if the house is foreclosed on. So, when that is the case, isn't the first one to file the first one paid off regardless of when the mortgages were executed?
Well...it could get complicated. Hence the reason for filing mortgages.
Typically, a "first" mortgage is the first one taken on the property, to purchase the property initially. Every thing after that is considered a "second" or "junior" mortgage. What happens at foreclosure is that the person filing foreclosure has to notify every party with an interest in the property of the suit. It has to also be published in a newspaper. The problem is, if the junior loan was never entered into public records, the loan holder may never know of the foreclosure action.
It doesn't matter which mortgage is filed first, it would go by the executed date, but more importantly, the amount. In most cases, the largest loan would be considered the "first" mortgage. It would really boil down to a seperate civil suit if two people claimed "first" loans, which probably the judge would split the proceeds down the middle. It rarely happens, because usually mortgage notes are recorded immediately..
Here is a little more info: http://bankruptcy.lawyers.com/foreclosures/Junior-or-Second-Mortgages-in-Foreclosure.html