Every person who performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of a contract, express or implied, with the owner, part owner, or lessee of any interest in real estate, or the owner's, part owner's, or lessee's authorized agent, and every person who as a subcontractor, laborer, or material supplier, performs any labor or work or furnishes any material to an original contractor or any subcontractor, in carrying forward, performing, or completing any improvement, has a lien to secure the payment therefor upon the improvement and all interests that the owner, part owner, or lessee may have or subsequently acquire in the land or leasehold to which the improvement was made or removed.
Guernsey Bank v. Milano Sports Enter., L.L.C., 894 N.E.2d 715 (Ohio Ct. App. 2008). · cites it 5דR.C. 1311.02 states: 2 Every person who performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of a contract, express or implied, with the owner, part owner, or lessee of any interest in real estate, * * * and every person who as…”
Wayne Bldg. & Loan Co. v. Yarborough, 228 N.E.2d 841 (Ohio 1967). · cites it 6דOn the same reasoning then as to the Wayne mortgage, the Lantz’ $8,000 vendee’s lien is entitled to priority over the lien of the Sauter mortgage.”
Thompson Thrift Constr. v. Lynn, 2017 Ohio 1530 (Ohio Ct. App. 2017). · cites it 2דThe bond provides, “* * * if the Court shall adjudge and decree Obligee’s claim as a valid claim and the sum for which Obligee is awarded judgment by the Court, plus costs, shall be paid, or if judgment shall be rendered against Obligee on its claim, then this obligation shall…”
Cuspide Props., Ltd. v. Earl Mech. Servs., 2015 Ohio 5019 (Ohio Ct. App. 2015). · cites it 3דR.C. 1311.02. In order to show a valid mechanic’s lien exists, a court must find that (1) a contract existed between the parties, (2) the contract provided for the labor or supplies to be delivered, (3) the labor or supplies were in furtherance of improvements 11.”
In Re Wm. Cargile Contractor, Inc., 151 B.R. 854 (Bankr. S.D. Ohio 1993). · cites it 10דNational argues that accepting the UCC’s statutory argument would effectively read out of the mechanic’s lien statute several sections applying to mechanic’s liens generally, including ORC §§ 1311.”
Mid-Ohio Mech., Inc. v. Carden Metal Fabricators, Inc., 862 N.E.2d 543 (Ohio Ct. App. 2006). · cites it 3ד01(1) plainly covers equipment and machinery; (B) There was an abundance of evidence demonstrating that Mid-Ohio provided labor, work and materials to the improvement, which is lienable under R.C. 1311.02; and (C) The tax cases cited by appellee and apparently relied upon by the…”
Cincinnati Gas & Elec. Co. v. Gen. Elec. Co., 656 F. Supp. 49 (S.D. Ohio 1986). “GE also acquired and maintained an interest in the enterprise made up of the Owners of the Zimmer project because, GE acquired and maintained an inchoate mechanic’s lien on the Zimmer project property under Ohio R.C. 1311.02. GE also acquired and maintained an interest in the…”
Jack Conie & Sons Corp. v. Qualstan Corp. (In Re Qualstan Corp.), 303 B.R. 149 (S.D. Ohio 2003). · cites it 3דThus, because the mechanics’ liens of Conie, Heiberger, and Ferguson attached before December, 1997 and prior to NCB’s mortgage lien, NCB cannot have priority pursuant to § 5301.”
Efficient Air Inc. v. Qualstan Corp. (In Re Qualstan Corp.), 302 B.R. 575 (Bankr. S.D. Ohio 2003). · cites it 3דNCB has not offered any evidence to contradict EAI’s assertions. Thus, because EAI’s mechanics’ liens attached in December, 1997 prior to NCB’s mortgage lien, NCB cannot have priority pursuant to § 5301.”
Michael J. Baumann & Co. v. Qualstan Corp. (In Re Qualstan Corp.), 310 B.R. 833 (Bankr. S.D. Ohio 2004). · cites it 3דThe parties also stipulated that work commenced on the Holt Park III project prior to the refiling of the Holt Park III mortgage modification.”
Wwsd, L.L.C. v. Woods, 2022 Ohio 952 (Ohio Ct. App. 2022). “Any interest Woods received was then subject to the final decree in the foreclosure case, and that decree did not vest any interest to Woods.”
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