Lien in second position to Hard Money Lender

[Sanford Collins]

Hello,

I'm considering providing private money for a rehab deal that is primarily funded by a hard money lender. My contribution will cover closing costs and financing costs and be approximately 15% of the total investment. My plan is to only do the deal if I can put a second lien on the property subordinate to the HML lien. My questions are:

1) Once the first and second leins are in place, can the amount of the first lein increase? Can the HML increase their lien amount for penalties, unpaid interest, anything else? My fear is that in the event the HML forecloses, they may increase their lien to an amount that squeezes me out of any profits when the property ultimately sells and I won't recoup my principle.

2) How difficult and expensive is it to file a second lien? Do I need an attorney to do this?

I appreciate any responses!