§ 66-11-108 — Priority over mortgage

If the contract for an improvement is made with a mortgagor, and the lienor has served the mortgagee with written notice of the same by certified or registered mail before the work is begun or materials furnished by the lienor, and the mortgagee gives written consent thereto by certified or registered mail, the lien provided by this chapter to that lienor shall have priority over the mortgage; and if the mortgagee fails to serve a written objection by certified or registered mail within ten (10) days after receipt of the notice, the mortgagee's consent shall be implied; provided, that the person giving notice shall include a name and return address to which the written objection shall be served. If notice is not served in accordance with this section, then the lien shall not have priority over a mortgage otherwise entitled to priority over the lien under applicable law.

Legislative History

Code 1858, § 1982 (deriv. Acts 1857-1858, ch. 24, §§ 1, 2); Shan., § 3536; Code 1932, § 7924; Acts 1975, ch. 200, § 1; T.C.A. (orig. ed.), § 64-1108; Acts 2007, ch. 189, § 8.