National Loan Investors, L.P. v. Burgher

National Loan Investors, L.P. (“NLI”) appeals a summary final judgment of foreclosure that granted Ben’s Reliable Roofing, Inc. (“Ben’s”) one-half of its $3,900 mechanic’s lien priority over NLI’s mortgage. Appellant contends that the trial court improperly granted Ben’s lien priority because NLI’s mortgage was recorded first. We agree and reverse the award of priority to Ben’s for part of its lien. We affirm as to the issues raised on cross-appeal.

On May 11, 1993, NLI recorded a mortgage for Carlton Burgher’s (“Burgher”) residence. On October 2, 1997, Ben’s filed a mechanic’s lien against…