Security Bank & Trust Co. v. Pocono Web Press, Inc.

HESTER, Judge:

This appeal involves what appears to be a question of First impression in this Commonwealth, to-wit:

“Under the Mechanics’ Lien Law of 1963, Act of August 24, 1963, P.L. 1175, No. 497, as amended, 49 P.S. Section 1101 et seq, if a contractor files a waiver of liens and commences work on a structure prior to the recording of a mortgage, may other contractors who thereafter contract directly with the owner of the property obtain priority over the mortgage, on the basis of a Mechanics’ Lien claim, in the distribution of the proceeds of a Sheriff’s Sale?”

The basic facts are not in…