Assume the following sequence of events: January 2, 2015 - construction mortgage recorded January 3, ...

isinc231

wrote...

6 years ago

Assume the following sequence of events: January 2, 2015 - construction mortgage recorded January 3, 2015 - A begins work January 10, 2015 - B begins work February 1, 2015 - B files a lien February 3, 2015 - A files a lien a. Discuss the priority of the parties under all the theories of priority. b. Reverse the actions on January 2 and 3. Suppose A began work on January 2 and the mortgage was recorded on the 3rd. What result under all theories?

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lirpapril

wrote...

6 years ago

a. Construction mortgage would have priority and others' ranking would be determined by state provisions on priorities.
b. The liens would have priority over the construction mortgage since work began prior to its recording.

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