Question
Bank one filed a mortgage on May 31, 1989, on property owned by Sam. The mortgage secured a $2,400,000 loan that Bank One had made
Bank one filed a mortgage on May 31, 1989, on property owned by Sam. The mortgage secured a $2,400,000 loan that Bank One had made to Sam for purpose of constructing 10 six-unit buildings on the property. At the time the mortgage on the property was filed, Schlmo Builders, Inc., the contractor hired by the landowner to construct the buildings, had performed soil tests and staked out the locations for the buildings. Sam didn't pay the builder and defaulted on the loan. The builder foreclosed on its lien, and bank one claimed priority. As for who has the first claim to the proceeds from the foreclosure sale of the property, which following statement is right?
Group of answer choices
A) Schalmo Builders may have the priority over the Bank One if visible work or labor was performed or materials were delivered prior to May 31, 1989.
B) Bank One properly filed its open-end mortgage on May 31, 1989, and definitely has the priority to claim to the proceeds from the foreclosure sale of the property
C) Mortgage lien has priority over mechanics' lien.
D) Construction contractor's act of staking out improvements constituted act that could be considered component-part of structure; therefore, it was sufficient to establish effectiveness of contractor's mechanic's lien.
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