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Session Laws, 1974
Volume 713, Page 361   View pdf image
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MARVIN MANDEL, Governor                                   361

THEM, BUT NO LONGER, UNLESS A CLAIM IS FILED AT OR BEFORE
THE EXPIRATION OF THAT PERIOD.

REVISOR'S NOTE: This section presently appears as
Art. 21, §9-105 of the Code. Subsection (a)
is divided into subsections for organizational
purposes.

In subsection (c) (3) , the requirement that a
claim set forth "the number and size of the
stories" of the building is proposed for
deletion as it is extremely burdensome and
contrary to the accepted practice in the
State.

The only other changes are in style.
9-106. SUIT TO ENFORCE LIEN; EXPIRATION OF LIEN.

THE LIEN OF A DEBT FOR WHICH A CLAIM IS FILED,
ACCORDING TO THE PROVISIONS OF THIS TITLE, EXPIRES AT THE
END OF ONE YEAR FROM THE DAY ON WHICH IT WAS FILED.
DURING THIS TIME THE CLAIMANT MAY BRING PROCEEDINGS IN
EQUITY TO ENFORCE A LIEN, AND THE OWNER OF THE PROPERTY
SUBJECT TO THE LIEN, OR ANY OTHER PERSON INTERESTED IN
IT, MAY BRING PROCEEDINGS IN EQUITY TO COMPEL THE
CLAIMANT TO PROVE THE VALIDITY OF THE LIEN OR HAVE IT
DECLARED VOID. IF AN EQUITY PROCEEDING IS FILED WITHIN
ONE YEAR, THE LIEN SHALL BE STAYED UNTIL THE CONCLUSION
OF THE PROCEEDING.

REVISOR'S NOTE: This section presently appears as
Art. 21, §9-106 of the Code. The only changes
are in style.

9-107. PRIORITIES.

(A)   OTHER MECHANICS' LIENS.

IF THE PROCEEDS OF ANY BUILDING AND GROUND ARE NOT
SUFFICIENT TO PAY THE FULL AMOUNT OF ALL DEBTS DUE AS
PROVIDED IN THIS TITLE FOR WORK DONE AND MATERIAL
FURNISHED, AFTER DEDUCTING FROM THE PROCEEDS ANY PRIOR
LIEN ON IT, THEN THE DEBTS SHALL BE PAID IN PROPORTION TO
THEIR RESPECTIVE AMOUNTS.

(B)   LIENS OTHER THAN MECHANICS' LIENS.

A MECHANICS' LIEN HAS PRIORITY OVER ANY MORTGAGE,
JUDGMENT, LIEN OR ENCUMBRANCE ATTACHING TO THE BUILDING
OR GROUND SUBSEQUENT TO THE COMMENCEMENT OF THE BUILDING.
A MORTGAGE, JUDGEMENT, LIES, OR ENCUMBRANCE ATTACHING
PRIOR TO THE COMMENCEMENT OF THE BUILDING HAS PRIORITY
OVER A MECHANICS' LIEN SUBSEQUENTLY ATTACHING, IF THE

 

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Session Laws, 1974
Volume 713, Page 361   View pdf image
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