Utah Statutes
§ 38-1a-403 — Effective time and priority of preconstruction lien -- Subordination to bona fide loan.
Utah·Title 38 Liens·Ch. 38-1a Preconstruction and Construction Liens·Part 38-1a-4 Preconstruction Lien Provisions
(1)Except as otherwise provided in this chapter, a preconstruction lien:
(1)(a) relates back to and takes effect as of the time of filing of the earliest timely filed notice of preconstruction service under Section 38-1a-401 for the anticipated improvement for which the preconstruction lien is claimed; and
(1)(b) has priority over:
(1)(b)(i) any lien, mortgage, or other encumbrance that attaches after the earliest timely filed notice of preconstruction service is filed; and
(1)(b)(ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and that was unrecorded at the time the earliest timely filed notice of preconstruction service is filed.
(2)A preconstruction lien is subordinate to an interest securing a bona fide loan if and to the extent that the lien covers
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Utah § 38-1a-403 (Effective time and priority of preconstruction lien -- Subordination to bona fide loan.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
Amended by Chapter 464, 2013 General Session
Nearby Sections
15
§ 38-10-101
Definitions.§ 38-10-103
Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.§ 38-10-104
Limitation of interests covered by lien.§ 38-10-106
Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest.§ 38-10-108
Limitation upon owner's liability.§ 38-10-110
Cancellation of lien.§ 38-10-111
Abuse of lien right -- Penalty.§ 38-10-112
Assignment of lien.§ 38-10-114
Attorney fees.