Legal Question in Credit and Debt Law in Missouri

If a lien is filed on a piece of real property for non-payment of dues and maintenance costs of a boat slip which is in an association boat dock and the real property goes into foreclosure and the mortgage company ends up with the real property and boat slip does the lien have any validity and would the mortgage company pay off the lien?

Thank you,

Scott


Asked on 5/19/10, 7:48 am

1 Answer from Attorneys
Anthony Smith LawSmith

Although there are other variables that effect your question, the general rule is that the lien that was on first prevails. If the boat slip lien was on before the mortgage was given, then the boatr slip is superior to the mortgage lien. If the mortgage came first, then the boat slip woudl only get taken care of if there is excess fromt eh foreclosure sale. If there was a covenants and agreement in place at the time of the mortgage, but the boat slip lien had not yet been placed, then the answer is dependent upon other information.

Good luck

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Answered on 5/24/10, 3:15 pm


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