Tuesday, January 13, 2015

if i have a lien on a house and that house becomes destroyed and has to be knocked down and rebuilt, is the lien null and void

Question

if i have a lien on a house and that house becomes destroyed and has to be knocked down and rebuilt, is the lien null and void



Answer

Not if it same legal address and owner.



Answer

The lien would attach to the land. Depending on the type of lien, it may attach to the insurance proceeds. That is true of mechanic's liens as well as properly-prepared consensual liens (mortgages and the like).



Answer

I agree, but anticipate a request to subordinate if the new construction is expected to cost more than insurance proceeds.



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