Posted by lukeNC on March 21, 2006 at 07:34:05:
If texas has a priority system like NC’s, it may or may not be superior to an after-recorded mortgage.
Here in NC, properly perfected mechanic’s liens are prioritized based on the “date work first started date” if that date is earlier than the date of a recorded mortgage, that lien is superior to the mortgage and doesnt get wiped out when that mortgage forecloses.
The property could be foreclosed on by the lienholder but a mortgage usually does not foreclose because of the mechanic’s lien.
So it depends.