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Does a pre-lien affect underwriting on a client's mortgage refinance in Arizona?

Arizona

Hello Attorney, My company is a General Contractor for the VA that remodels homes for disabled veterans' wheelchair access. One of our client veterans is hesitant to sign the contract documents because he is working on a mortgage refi and is somehow convinced that a pre-lien is a negative to the underwriter. I informed him that a pre-lien is standard in the industry and would not affect his refi underwriting, that it only protects our right to file a proper lien in case of non-payment. I believe he thinks my answer is self-serving, hence my request for a third party statement addressing the issue. Regards, Steve Sidoti, President Bella Arte Builders BABuilders@aol.com

2 replies

Sep 16, 2020
Your explanation is correct. But you should point out to him that: (1) the prelien is not publicly recorded, so there is no way a lender making a mortgage loan would ever know about it to affect the underwriting of the mortgage loan; (2) the prelien gets sent to the lender on a construction loan, but every construction lender knows that preliens will be sent by every contractor on the project and more importantly, the construction lender is always in first position anyway so they don't care about mechanic's liens that are in second position. As long as the bills get paid, no lien gets recorded and all of this is irrelevant anyway.
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Sep 16, 2020
Thank you, Joseph, I truly appreciate your comments.
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