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If the mortgage has been recorded and all of the mortgage proceeds have been paid, the lien would be subordiante to the mortgage. However, if allof the procceds have not been paid and the mortgage has not be recorded, then the lien would havae precedence and would have to be paid from the mortgage proceeds. That is why they make periodic payments during the constructin time so that the mender can hold back sufficient funds to complete the construction,

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Q: You purchased your home a year ago with a construction loan now it's time to go to closing today which is the last day of the construction loan and a lien has popped up from the title company from the?
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