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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 5§ 8452 Payment Bond Lien Priority

§ 8452 Payment Bond Lien Priority

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8452 Payment Bond Lien Priority

Key Takeaways

  • •If you have a loan on your house (mortgage), and someone else has a claim on it for work they did, the loan usually comes first.
  • •But if you record a special payment bond before the work is done, your loan can stay first in line.
  • •The bond must mention your loan and be worth at least 75% of your loan amount.

Example

You take out a $100,000 loan to buy a house. Later, a contractor does $20,000 of work on your house but doesn’t get paid.

Normally, the contractor’s claim might come before your loan. But if you recorded a payment bond for at least $75,000 (75% of your loan) before the work started, your loan stays first in line.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8452 Payment Bond Lien Priority

A mortgage or deed of trust, otherwise subordinate to a lien under Section 8450, has priority over a lien for work provided after recordation of a payment bond that satisfies all of the following requirements: (a) The bond refers to the mortgage or deed of trust. (b) The bond is in an amount not less than 75 percent of the principal amount of the mortgage or deed of trust. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

mortgagedeed of trustlienpayment bond75 percent

Related Statutes

  • § 8458 Lien Priority Over Encumbrances
  • § 8450 Mechanic'S Lien Priority Rules
  • § 882.030 Lien Expiration Effects
  • § 1917.010 Shared Appreciation Mortgages
  • § 1917.050 Borrower Capital Improvement Costs

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8452.
View Official Source