Legal Question in Real Estate Law in New York

pay outs in a foreclosure sale

a mechanics lien of 400k was filed

before a first mortgage was filed.

the title search for that mortgage

did

not pick up the mechanics lien. in a

foreclosure , will the mechanics lien

get paid first because it predates

the mortgage?


Asked on 6/14/09, 4:14 pm

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: pay outs in a foreclosure sale

if the mechanics lien was filed and perfected before the date of the mortgage, then the mechanics lien should be paid first.

the holder of the mechanics lien should foreclose on the mechanics lien to preserve his rigts.

There is a lot of money at stake,

If you would like to discuss this matter further, please feel free to contact me.

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Answered on 6/16/09, 11:11 am


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