Lien Priority

Need help with lien priority? This is a great place to begin your research. Here on the main page, you can find articles about lien priority, as well as useful guides to lien priority in a handful states with noteworthy lien priority laws.

When many contractors have been left unpaid after a job and there may not be enough money to go around. Lien priority is a system that seeks to sort out the ensuing mess by determining who gets paid first, second, third, fourth, and so on. In most states, lien priority is very much a first come, first served system. That is, whoever filed a mechanics lien first gets priority to payment.

Unfortunately, this “first to file” rule can get complicated. For example, mortgage holders often have priority over lien holders because mortgages are recorded before the project begins.

The circumstances that lead to a lien priority situation are sticky, and it’s no wonder a lien priority situation is a tangled mess. That said, there’s no such thing as too much research if you need help with lien priority. If you can’t find any answers on our blog, you can ask your question on the Expert Center to get legal advice from a construction attorney for free.

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Lien priority can be a tricky topic, but thankfully, it's not one that comes up often for the average person in the construction business. The general rule in property law...

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