Escrow & Title
A NH mortgage recorded in 2010 and a mechanic's lien recorded in 2012 on the same property — in a foreclosure, which has priority?
AThe mechanic's lien since it is for improvements
BThe mortgage recorded first in 2010 has priority under the 'first in time, first in right' rule✓ Correct
CThey share equal priority
DNeither — the property tax lien supersedes both
Explanation
Under NH's recording priority rules, the mortgage recorded first (2010) has priority over the mechanic's lien (2012). In a foreclosure or sale, the first mortgage is paid first. Note: some mechanic's liens have specific super-priority by statute.
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