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Mechanics Liens Have Priority Over Unrecorded Deed of Trust According to Missouri Supreme Court Ruling

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The Missouri Supreme Court issued an opinion yesterday weighing in on a battle between a builder's mechanics lien and a lender's unrecorded deed of trust.

The lender argued that the unrecorded deed of trust would have priority over a mechanics lien claim because the deed of trust need not meet the same recording requirements as a mortgage. The Missouri Supreme Court, however, disagreed, giving the builders a victory over Hawthorn Bank.


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Published In: Construction Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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