Do I need to pay mechanic lien which was recorded after the 1st loan?


#1

I am a buyer and this is my first time to buy property at auction. ?I have done a title search. ?The foreclose loan is the one in 2004 (first loan). ?However, I see a mechanic lien for the owner recorded in 2009. ? Do I need to pay the mechanic lien if I buy the property at auction?


#2

My understanding is that “it depends”. Specifically I’ve been told that there is some case law that suggests that if the work was necessary to preserve the value of the home that there have been rulings that it benefited the lender and therefore is senior. On the other hand I’ve hear that things like swimming pools are not senior. My suggestion would be to find out what the work was for, and then ask the title company you plan to use when you resell the home. If you don’t plan to resell, you may have to buy him lunch. :wink:


#3

? To add to the above - I think it is necessary to perfect the lien by filing a suit within 60? 90? days of filing the lien. ?No suit filed, no valid lien.