Second District Affirms Construction Mortgage’s Priority Over Previously Filed Mechanics’ Liens

By Jim Havens, Havens Limited

Background
Fifth Third Bank brought a foreclosure action against Dayton View Community Corporation. Dayton View previously hired Dayton Modulars, Inc. as a contractor to make improvements. In the foreclosure, Dayton Modulars asserted that its mechanics’ liens had priority over Fifth Third’s construction mortgage because its liens were recorded first.