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Pennsylvania Statutes Title 49 P.S. Mechanics' Liens § 1508. Priority of lien

Current as of January 01, 2022 | Updated by FindLaw Staff

The lien of a claim filed under this act shall take effect and have priority as follows:

(a) Except as set forth in subsection (c), in the case of the erection or construction of an improvement, as of the date of the visible commencement upon the ground of the work of erecting or constructing the improvement.

(b) Except as set forth in subsection (c), in the case of the alteration or repair of an improvement, as of the date of the filing of the claim.

(c) Any lien obtained under this act by a contractor or subcontractor shall be subordinate to the following:

(1) A purchase money mortgage as defined in 42 Pa.C.S. § 8141(1) (relating to time from which liens have priority).

(2) An open-end mortgage as defined in 42 Pa.C.S. § 8143(f) (relating to open-end mortgages), where at least sixty percent (60%) of the proceeds are intended to pay or are used to pay all or part of the costs of construction.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 49 P.S. Mechanics' Liens § 1508. Priority of lien - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-49-ps-mechanics-liens/pa-st-sect-49-1508/

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