No notice of commencement was ever recorded for a private job. When does a lienor's lien take priority?
Correct Answer
B) At the time the claim of lien is finally recorded
Section 713.07(2) supplies the fallback: where no notice of commencement is filed, liens under ss. 713.05 and 713.06 attach and take priority as of the time the claim of lien is recorded. That is normally much later, and therefore behind mortgages recorded in the meantime.
Why This Is the Correct Answer
Section 713.07(2) supplies the fallback: where no notice of commencement is filed, liens under ss. 713.05 and 713.06 attach and take priority as of the time the claim of lien is recorded. That is normally much later, and therefore behind mortgages recorded in the meantime.
Why the Other Options Are Wrong
Option A: At the time the direct contract was executed
Without a notice, priority runs from recording the claim.
Option C: At the time labor or materials were first furnished
First furnishing is not the fallback date.
Option D: At the time the owner first made a payment
An owner's payment is not the fallback date.
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