52-138. Priority among lien claimants.
139 words·~1 min read·
/ne/chapter-52/52-138A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)All liens attaching at the same time have equal priority and share the amount received upon foreclosure of the liens and available for distribution to construction lien claimants in the same ratio as the ratio of the particular lien bears to the total of all liens attaching at the same time.
(2)Except as provided by subsection
(3)of this section, liens attaching at different times have priority in the order of attachment.
(3)A claimant who records a notice of commencement after he or she has recorded a lien has only equal priority with claimants who record a lien while the notice of commencement is effective. Any priority which the claimant gained over third parties by recording his or her notice of lien is preserved for the benefit of all claimants having equal priority under this subsection.