California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 6 — Works of Improvement, Title 2 — Private Works of Improvement, Chapter 4 — Mechanics Lien, Article 5 — Priorities, Section 8452

A mortgage or deed of trust, otherwise subordinate to a lien under Section 8450, has priority over a lien for work provided after recordation of a payment bond that satisfies all of the following requirements:

(a) The bond refers to the mortgage or deed of trust.

(b) The bond is in an amount not less than 75 percent of the principal amount of the mortgage or deed of trust.

Notes

Establishes priority for a mortgage or deed of trust that would otherwise be subordinate under the referenced lien-priority rule over liens for work provided after a qualifying payment bond is recorded. Requires the bond to refer to that mortgage or deed of trust and equal at least 75 percent of its principal amount.

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