572.18 Priority over other liens.
1. Mechanics’ liens posted by a general contractor or subcontractor within ninety days after the date on which the last of the material was furnished or the last of the claimant’s labor was performed and for which notices were properly posted to the mechanics’ notice and lien registry internet site pursuant to sections 572.13A and 572.13B shall be superior to all other liens which may attach to or upon a building or improvement and to the land upon which it is situated, except liens of record prior to the time of the original commencement of the claimant’s work or the claimant’s improvements, except as provided in subsection 2.
2. Construction mortgage liens shall be preferred to all mechanics’ liens of claimants who commenced their particular work or improvement subsequent to the date of the recording of the construction mortgage lien. For purposes of this section, a lien is a “construction mortgage lien” to the extent that it secures loans or advancements made to directly finance work or improvements upon the real estate which secures the lien.
3. The rights of purchasers, encumbrancers, and other persons who acquire interests in good faith, for a valuable consideration, and without notice of a lien perfected pursuant to this chapter, are superior to the claims of all general contractors or subcontractors who have perfected their liens more than ninety days after the date on which the last of the claimant’s material was furnished or the last of the claimant’s labor was performed.
4. For purposes of this section, a lender who obtains an interest in the real estate by assignment of a mortgage shall be entitled to the same priority as the original mortgagee.
[R60, §1851, 1853, 1855; C73, §2137, 2139, 2141; C97, §3092, 3095; C24, 27, 31, 35, 39, §10287; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.18]
84 Acts, ch 1215, §1; 2007 Acts, ch 83, §12; 2012 Acts, ch 1105, §15, 27, 28; 2012 Acts, ch 1138, §13, 40, 43; 2013 Acts, ch 90, §257
Referred to in §654.12A
Structure Iowa Code
Section 572.1 - Definitions and rules of construction.
Section 572.2 - Persons entitled to lien.
Section 572.3 - Collateral security before completion of work.
Section 572.4 - Security after completion of work.
Section 572.5 - Extent of lien.
Section 572.6 - In case of leasehold interest.
Section 572.7 - In case of internal improvement.
Section 572.8 - Perfection of lien.
Section 572.9 - Time of lien posting.
Section 572.10 - Perfecting lien after lapse of ninety days.
Section 572.11 - Extent of lien posted after ninety days.
Section 572.12 - Time of filing against railway.
Section 572.13 - General contractor — owner notice — residential construction.
Section 572.13A - Notice of commencement of work — general contractor — owner-builder.
Section 572.13B - Preliminary notice — subcontractor — residential construction.
Section 572.14 - Liability to subcontractor after payment to general contractor or owner-builder.
Section 572.15 - Discharge of mechanic’s lien — bond.
Section 572.16 - Rule of construction.
Section 572.17 - Priority of mechanics’ liens between mechanics.
Section 572.18 - Priority over other liens.
Section 572.19 - Priority over garnishments of the owner.
Section 572.20 - Priority as to buildings over prior liens upon land.
Section 572.21 - Foreclosure of mechanic’s lien when lien on land.
Section 572.22 - Record of claim.
Section 572.23 - Acknowledgment of satisfaction of claim.
Section 572.24 - Time of bringing action — court.
Section 572.25 - Place of bringing action.
Section 572.26 - Kinds of action — amendment.
Section 572.27 - Limitation on action.
Section 572.28 - Demand for bringing suit.
Section 572.29 - Assignment of lien.
Section 572.30 - Action by subcontractor or owner against general contractor or owner-builder.
Section 572.31 - Cooperative and condominium housing.
Section 572.32 - Attorney fees — remedies.
Section 572.33 - Requirement of notification for commercial construction.
Section 572.33A - Liability of owner to general contractor — commercial construction.