Section 34.35.112. Payment of claimant's liens.

   (a) If more than one lien created under AS 34.35.050 - 34.35.120 is claimed against property, the court in its judgment shall declare the rank of each lien or class of liens in the following order:
        (1) all persons other than prime contractors or subcontractors with lien rights under AS 34.35.050(1);
        (2) the trustees of employment benefit trusts for persons described in (1) of this subsection;
        (3) all materialmen and subcontractors;
        (4) persons described in AS 34.35.050(5) and prime contractors, other than the general contractor;
        (5) the general contractor.
   (b) For purposes of AS 34.35.050  -  34.35.120, if the proceeds of the foreclosure sale of the property are insufficient to pay the lien claims of all persons who have recorded claims of lien, the
        (1) liens of all individuals with lien rights under AS 34.35.050(1) shall first be paid in full, or pro rata if the proceeds are insufficient to pay them in full;
        (2) liens of trustees of employment benefit trusts for persons described in (1) of this subsection shall be paid in full or pro rata if the proceeds are insufficient to pay them in full;
        (3) liens of materialmen and subcontractors shall be paid in full or pro rata if the proceeds are insufficient to pay them in full;
        (4) liens of persons described in AS 34.35.050(5) and prime contractors other than the general contractor, shall be paid in full or pro rata if the remainder is insufficient to pay them in full; and
        (5) lien of the general contractor shall be paid out of the balance.
   (c) For purposes of AS 34.35.050 - 34.35.120, if the proceeds of the foreclosure sale of the property are sufficient to pay the lien claims of all persons who have recorded claims of lien, the balance shall be paid to the person who owned the property before the foreclosure sale.

Authorities

34.35.040;34.35.062

Notes

References

AS 34.35.040 Order of priority and payment. [Repealed, Sec. 19 ch 175 SLA
AS 34.35.062 Construction financing.

History

(Sec. 15 ch 175 SLA 1978; am Sec. 5 ch 61 SLA 1979; am Sec. 9, 10 ch 102 SLA 1986)

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