Iowa Code

Iowa Code § 572.18 (2026)

Priority over other liens

✓ current as of July 2026

Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. Mechanics’ liens posted by a general contractor or subcontractor within ninety days after the date on which the last of the material was furnished or the last of the claimant’s labor was performed and for which notices were properly posted to the mechanics’ notice and lien registry internet site pursuant to sections 572.13A and 572.13B shall be superior to all other liens which may attach to or upon a building or improvement and to the land upon which it is situated, except liens of record prior to the time of the original commencement of the claimant’s work or the claimant’s improvements, except as provided in subsection 2.

2. Construction mortgage liens shall be preferred to all mechanics’ liens of claimants who commenced their particular work or improvement subsequent to the date of the recording of the construction mortgage lien. For purposes of this section, a lien is a “construction mortgage lien” to the extent that it secures loans or advancements made to directly finance work or improvements upon the real estate which secures the lien.

3. The rights of purchasers, encumbrancers, and other persons who acquire interests in good faith, for a valuable consideration, and without notice of a lien perfected pursuant to this chapter, are superior to the claims of all general contractors or subcontractors who have perfected their liens more than ninety days after the date on which the last of the claimant’s material was furnished or the last of the claimant’s labor was performed.

4. For purposes of this section, a lender who obtains an interest in the real estate by assignment of a mortgage shall be entitled to the same priority as the original mortgagee. [R60, §1851, 1853, 1855; C73, §2137, 2139, 2141; C97, §3092, 3095; C24, 27, 31, 35, 39, §10287; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §572.18] 84 Acts, ch 1215, §1; 2007 Acts, ch 83, §12; 2012 Acts, ch 1105, §15, 27, 28; 2012 Acts, ch 1138, §13, 40, 43; 2013 Acts, ch 90, §257 Referred to in §654.12A \n

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1983–2022 · leading case: Winger Contracting Co. v. Cargill, Inc., 926 N.W.2d 526 (Iowa 2019).

Sort: Relevance Newest Treatment

Winger Contracting Co. v. Cargill, Inc., 926 N.W.2d 526 (Iowa 2019). “" Iowa Code § 572.18 (2). The district court denied Winger's motion for partial summary judgment and granted Cargill's cross-motion for partial summary judgment.”

Metro. Fed. Bank of Iowa v. A.J. Allen Mech. Contractors, Inc., 477 N.W.2d 668 (Iowa 1991). · cites it 3× “See Iowa Code § 572.18 (1983). The second sentence of the present version relating the preference to be accorded certain construction mortgages was not present in the prior version of the statute.”

First Nat. Bank in Creston v. Smith, 331 N.W.2d 120 (Iowa 1983). “Iowa Code § 572.18 (1981). We find support for our conclusion in the fact that when the waiver form was executed the contractor had already perfected a lien for the extra work which had been performed in addition to that covered by the contract price of $385,400, for which the…”

Souers v. Nevada Ready Mix (In Re Souers), 163 B.R. 346 (Bankr. S.D. Iowa 1994). “Iowa Code § 572.18 provides in relevant part: The rights of purchasers, encumbrancers, and other persons who acquire interest in good faith and for a valuable consideration, and without notice, after the expiration of the time for filing claims for mechanics’ Kens, are prior to…”

Midland Sav. Bank FSB v. Stewart Grp., LC, 533 N.W.2d 191 (Iowa 1995). “” Iowa Code § 572.18 . Des Moines Lumber urges the term “directly” is unambiguous and must be accorded some meaning and effect.”

Schnittjer v. Pippert (Carney), 396 B.R. 22 (Bankr. D. Iowa 2008). · cites it 2× “Iowa Code § 572.18 . The lien is valid even though no mechanic’s lien statement has been filed.”

First Nat'l Bank in Creston v. Smith, 331 N.W.2d 120 (Iowa 1983). “Iowa Code § 572.18 (1981). We find support for our conclusion in the fact that when the waiver form was executed the contractor had already perfected a lien for the extra work which had been performed in addition to that covered by the contract price of $385,400, for which the…”

Borst Bros. Constr., Inc. v. Fin. of Am. Com., LLC (Iowa 2022). · cites it 3× “See Iowa Code § 572.18 . As between Borst and Kelly, Kelly had first priority because Kelly had posted its liens first.”

In Re Carney, 396 B.R. 22 (Bankr. D. Iowa 2008). · cites it 2× “Iowa Code § 572.18 . The lien is valid even though no mechanic's lien statement has been filed.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.