2012 Utah Code
Title 38 - Liens
Article 1a - Preconstruction and Construction Liens
Section 503 - Relation back and priority of liens.

(1) A construction lien relates back to, and takes effect as of, the time of the first preliminary notice filing.

(2) (a) Subject to Subsection (2)(b), a construction lien has priority over:

(i) any lien, mortgage, or other encumbrance that attaches after the first preliminary notice filing; and

(ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and which was unrecorded at the time of the first preliminary notice filing.

(b) A recorded mortgage or trust deed of a construction lender has priority over a construction lien of a claimant who files a preliminary notice in accordance with Section 38-1a-501 before the mortgage or trust deed is recorded if the claimant:

(i) accepts payment in full for construction work that the claimant provides to the construction project before the mortgage or trust deed is recorded; and

(ii) withdraws the claimant's preliminary notice by filing a notice of withdrawal under Subsection 38-1a-501(5).

Renumbered and Amended by Chapter 278, 2012 General Session