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Effect of house sale before lien placed.


What happens if house sold before I put in notice or mechanics lien?

1 reply

Feb 1, 2021

Generally, under KRS 376.010, your lien rights relate back to the date you first performed work.  However, the lien will not take precedence over a mortgage or “bona fide conveyance for value without notice, duly recorded or lodged for record” that was filed after the start of work but before the claim of lien.  KRS 376.010(2). This means that if the property is sold to someone who didn't know about the lien claim, and who bought the property “for value,” then the new owner wins against you.

If you have any question about whether the purchase was not "for value" or "without notice", you should contact an attorney in your jurisdiction.


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