Escrow & Title
What is 'mechanic's lien priority' in Nevada and how does it affect a property buyer?
AMechanic's liens in Nevada always have the lowest priority of all liens
BUnder NRS 108, Nevada mechanic's liens relate back to the date when construction began (commencement of work), which can give them priority over mortgages recorded after construction started — buyers should check for visible signs of construction and require lien waivers✓ Correct
CMechanic's liens in Nevada can only be filed after a lawsuit
DMechanic's liens have no effect on Nevada title insurance
Explanation
Nevada mechanic's liens have a 'relation back' rule — the lien priority dates back to when construction or materials delivery first commenced (the visible start of work), not when the lien was filed. This means a lender whose mortgage was recorded after construction began may find their lien is junior to the mechanic's lien. For buyers, this creates risk: if the seller had work done before closing without paying the contractor, the buyer may take title subject to the mechanic's lien. Buyers should request unconditional lien waivers from all contractors before closing.
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