Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Lien Priority Questions
All Status
Lien Priority
All States
hired as general contractor for new home on lake Athens, Texas. Homeowner only borrowed 80,000 from the bank and was to have the remainder of cost himself. he did not and ran out of money. he then fired me. he owes me 27,000 dollars. I have taken him to court and have a judgement for 27,000.00. Then bank is now going to foreclose this tuesday (11/7/2017). I believe I have a superior lien to the banks lien since it was filed after the mechanic lien and an affidavit of commencement is for the date it was filed. Homeowner name is Terry J. Scott and all documents are filed in Henderson county Texas. I hope someone can help.
Texaswill it automatically be enforced when they try to get a mortgage on the property that i placed a lien on?
New YorkWe are involved in a situation where it looks like a foreclosure sale is imminent on a property with several outstanding liens (mechanics and mortgage). Our mechanics' lien was recorded after several other mechanics' liens. We are wondering whether the fact that our lien was recorded after other liens will impact our right to collect from the foreclosure proceeds. That is, are subcontractor mechanics' liens that are recorded first senior to subcontractor mechanics' liens recorded later? Or will the court apportion the foreclosure proceeds equally among the lien claimants based on their pro-rata share of the entire amount in outstanding liens? In other words, will the first subcontractor to record a lien be paid in full before the later subcontractors get paid?
Colorado