Real Estate Matters

28: Priority of Mortgage Versus Materielman’s Lien with Jack Kubiszyn

May 16, 2019

Jack Kubiszyn joins ACRE's Stuart Norton to discuss the Alabama Supreme Court's recent reversal on its ruling of GHB Construction and Development Company, Inc. v. West Alabama Bank and Trust.  According to Kubiszyn, "This revised opinion by the Alabama Supreme Court has provided clarity moving forward on several fronts. Legally, guidance exists as to when a future advance mortgage is created for priority purposes when compared to other liens. More importantly, the lending and the title industry have certainty that the loans being made and title policies being written are valid and enforceable, which is essential for construction matters in the future."

Kubiszyn is a partner at the Christian & Small law firm where he specializes in commercial real estate. He is also a lifetime member of ACRE's Leadership Council.