(1) Each preconstruction lien on a project property is on equal footing with every other preconstruction lien on the project property, regardless of:

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Terms Used In Utah Code 38-1a-405

  • Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
  • Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102
  • Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
     (1)(a) when the claimant submitted the claimant’s notice of preconstruction service for recording;
     (1)(b) when the claimant submitted the claimant’s notice of preconstruction lien for recording; or
     (1)(c) when the preconstruction service related to the lien occurs.
(2) Subsection (1) does not affect the priority of a construction lender‘s mortgage or trust deed, as established under this chapter.