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Is a mechanics lien superior to both a first and second mortgage lien?

Ohio

The bank extends a mortgage 2 years ago and is in first position. Today, the bank extends a second mortgage to accommodate TI buildout. If a mechanics lien is filed on the property during this construction by the contractor is the mechanics lien superior to the first and second lien or just the second lien position?

2 replies

Mar 27, 2023

Thank you!

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Apr 4, 2023
Thank you for reaching out to our legal community. Your question regarding the hierarchy of mortages vs mechanics liens might be too specific for an attorney to answer in this public forum. If you are in need of specific advice for a current legal situation, you may want to consider reaching out to a licensed attorney in your state directly at their office. Levelset provides a list of attorneys in each state here: https://www.levelset.com/payment-help/experts/experts-by-state/ . From that directory you may find a law firm in your area to call privately.
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