In Virginia what priority does my mechanic’s lien have compared to other liens on the property?
It is beneficial for a contractor or subcontractor to have their mechanic’s lien in as high priority as possible when compared to other encumbrances on property. This means that when the property is sold or foreclosed on the higher priority encumbrances are paid off first. Lower priority encumbrances also have the potential to be extinguished by sale or foreclosure. In Virginia, mechanic’s liens are inchoate liens, meaning that attach from the moment the contractor begins supplying work or materials. The lien is then perfected when it is filed in the land records. Being an inchoate lien gives Virginia mechanic’s liens priority over any later filed encumbrances, including the construction loan. Due to its priority, the mechanic’s lien will usually survive the foreclosure or sale of the property. For improvements or repairs, the lien attaches when the work begins and has priority from that date. Any prior filed encumbrances have a higher priority.
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