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Commonly Asked Questions about Liens Legal documentation

Under New York law, the general rule is that liens have priority in the order that they are recorded first in the public land records which is known as the first in time, first in right rule, but there are many exceptions to the general rule.
What is a Lien? The term lien refers to a legal claim or legal right which is made against the assets that are held as collaterals for satisfying a debt. A lien can be established by a creditor or a legal judgement. The purpose of the lien is to guarantee an underlying obligation such as the repayment of the loan.
The mortgage, or deed of trust as its called in some states, is the legal instrument that creates a lien on your property. This gives the lender the right to foreclose on your property should you not satisfy the terms of the loan agreement. It creates a security interest in the property on behalf of the lender.
Last updated July 24, 2024. If contractors and suppliers dont get paid on a construction project in New York, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
If you work or provide material to a contractor or subcontractor of a public improvement project for the City, you can file a Notice of Lien. A lien is a legal claim against property for outstanding debt. You can file the notice before the project is completed or within thirty days of completion.
How long does a judgment lien last in New York? A judgment lien in New York will remain attached to the debtors property (even if the property changes hands) for ten years.
If labor is performed for, or materials furnished to, a contractor or subcontractor for an improvement, the lien shall not be for a sum greater than the sum earned and unpaid on the contract at the time of filing the notice of lien, and any sum subsequently earned thereon.
Abstract of Judgement: A summary of the essential provisions of a court judgement. When recorded, an abstract of judgement creates a general lien on all of the real property of the judgement debtor in the county in which it is recorded.