Priorities (Liens)

Question 1

What priority does successful lien claimant have?

Answer 1

priority of a secured creditor

Question 2

Priority over

Answer 2

Everything after the lien

Question 3

Priority over payments

Answer 3

Priority over all payments on account of any conveyance/mortgage after notice in writing of lien has been given to the person making such payments or after registration of lien

Question 4

Mortgages

Answer 4

Extent of priority depends on time of registration

Question 5

Priority over wage earners (unions)

Answer 5

• Union has some priority over lien claimants of the same class
• Extent of priority is up to debate (NB= priority for 30 days wages)
• Application can be tricky

Question 6

Priority over mortgages

Answer 6

depends on the time registered and the amount advanced under the relevant mortgage before the first lien arose or was notified to the mortgagee

Question 7

When a mortgage will have priority in NB

Answer 7

Where mortgage registered before the time lien is registered or notice given it will have priority

Question 8

Where a mortgage is registered before the filing of a claim of lien

Answer 8

A payment made to mortgage before the filing of a claim of lien or before notice in writing of the lien has been given to the person making the payment, has priority over the lien

Question 9

Extent of Mortgage Priority

Answer 9

only to the extent that the total of all payments made by the person, does not exceed the value of the land at the time that payment or advance is made