Utah Statutes
§ 38-1a-503 — Relation back and priority of liens.
Utah·Title 38 Liens·Ch. 38-1a Preconstruction and Construction Liens·Part 38-1a-5 Construction Lien Provisions
(1)A construction lien relates back to, and takes effect as of, the time of the first preliminary notice filing.
(2)(2)(a) Subject to Subsection (2)(b), a construction lien has priority over:
(2)(a)(i) any lien, mortgage, or other encumbrance that attaches after the first preliminary notice filing; and
(2)(a)(ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and which was unrecorded at the time of the first preliminary notice filing.
(2)(b) A recorded mortgage or trust deed that secures a construction loan attaches immediately before the first preliminary notice filing for the construction project if each claimant that has a preliminary notice on file on the construction project before the mortgage or trust deed was recorded receives full payment for all co
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Legislative History
Amended by Chapter 293, 2014 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.