A California deed of trust is recorded on January 15. A mechanic's lien is filed on February 10 for work that began on December 1 of the prior year. Which lien has priority?
Correct Answer
D) The mechanic's lien has priority because the work commenced before the deed of trust was recorded
Under California Civil Code §8450, a mechanic's lien relates back to the date work first commenced on the property, not the date the lien is filed. Since work began on December 1 (before the deed of trust was recorded on January 15), the mechanic's lien has priority over the deed of trust.
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Related Topics & Key Terms
Key Terms:
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