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 8456

(a) This section applies to a construction loan secured by a mortgage or deed of trust that has priority over a lien under this chapter.

(b) An optional advance of funds by the construction lender that is used for construction costs has the same priority as a mandatory advance of funds by the construction lender, provided that the total of all advances does not exceed the amount of the original construction loan.

Notes

Establishes that, for a construction loan secured by a mortgage or deed of trust having priority over chapter liens, an optional lender advance used for construction costs has the same priority as a mandatory advance. Limits that treatment to total advances not exceeding the original construction-loan amount.

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