Weitz Co. v. Heth

Justice TIMMER,

opinion of the Court.

¶ 1 Arizona Revised Statutes § 33-992(A) gives mechanics’ liens priority over liens recorded after construction begins on real property. We are asked to decide whether that statute precludes assignment by equitable subrogation of a lien that attached before construction began on the project at issue. We hold that it does not. Additionally, although a third party generally must discharge the entire lien obligation to qualify for equitable subrogation, when a single mortgage burdens multiple parcels, a third party *408may be entitled to equitable subrogation when…