Who Gets Paid First, 2nd Mortgage Or Mechanical Lien?
I was wondering which lien is first in line, the mechanical lien or the 2nd mortgage or does it depend? If it depends then what does it depend on. I am trying to figure out my strategy for negotiating because there are three liens: 1st, 2nd, mechanical from a contracting company (for new siding and windows).
Thanks
The rule is usually, with few exceptions "first in time, first in line."
In other words, the 2nd mortgage was probably recorded in public records prior to the mechanics lien, therefor the 2nd mortgage has priority.
[addsig]
check what you your local state rules are.
CA has some weird ones, like back dating a lien.