Mechanic’s Liens- Big Exception

Red house among white houses

When the construction loan is secured by the same deed of trust as the purchase loan, the mechanic’s lien takes precedence.

January 22, 2024
Christopher G. Hill - Construction Law Musings

Musings has discussed mechanic’s liens on numerous occasions.

As we discussed in earlier posts, the general rule is that a mechanic’s lien jumps to the head of the line of liens when filed. This is true in most instances. In the typical case, a contractor puts up a building and, when the owner refuses payment, it files a mechanic’s lien that takes priority over all other liens on that property, including the construction loan deed of trust (or mortgage, depending on your state’s property laws).

Mr. Hill may be contacted at chrisghill@constructionlawva.com



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