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§ 1508. Priority of lien

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' LiensEffective: September 8, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article V. Filing and Perfecting Claim; Discharge of Lien
Effective: September 8, 2014
49 P.S. § 1508
§ 1508. Priority of lien
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.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 508. Amended 2006, June 29, P.L. 210, No. 52, § 3, effective Jan. 1, 2007; 2014, July 9, P.L. 1019, No. 117, § 3, effective in 60 days [Sept. 8, 2014].
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Taken from Section 13, Act of 1901, 49 P.S. 203, Supp. The word “improvement” is substituted for “structure or improvement” since the definition of “improvement” in Section 201(1) includes structure.
Reference to the order of priority of tax and municipal claims contained in Section 13 is omitted as unnecessary since now governed by existing law.
The provision of Section 13 of the Act of 1901 giving mechanics' liens priority over advance money mortgages was declared unconstitutional in Page v. Carr, 232 Pa. 371 (1911), 81 A. 430 and is therefore omitted.
HISTORICAL AND STATUTORY NOTES
Act 2014-117 legislation
Section 5 of 2014, July 9, P.L. 1019, No. 117, effective in 60 days [Sept. 8, 2014], provides:
“The addition of the definition of “costs of construction” in section 201 of the act [49 P.S. § 1201] and the amendment of section 508(c) of the act [49 P.S. § 1508] shall apply to liens perfected on or after the effective date of this section, including liens relating to the construction of an improvement for which the visible commencement of work occurred prior to the effective date of this section, but were not perfected until on or after the effective date of this section.”
Prior Laws:
1901, June 4, P.L. 431, § 13.
49 P.S. § 203.
49 P.S. § 1508, PA ST 49 P.S. § 1508
Current through 2018 Regular Session Act 164 (End)
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