Mechanic's Lien Law

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Commonly Asked Questions about Mechanic's Lien Law

What is a mechanics lien an example of?

A mechanics lien is a hold against your property, filed by an unpaid contractor, subcontractor, laborer, or material supplier, and is recorded with the county recorders office. If unpaid, it allows a foreclosure action, forcing the sale of the property in lieu of compensation.

What is the mechanic lien law in NY?

A mechanics lien can be filed during the course of a construction project when payment becomes due, or it can be filed after the project is completed. However, it must be filed no later than 8 months from the last day that the party asserting the lien (the lienor) performed work or furnished materials for the project.

How do I fight a mechanics lien in NY?

You wont be able to approach the clerk directly to contest the lien. If you believe the amount is inflated, generally the only avenue is to raise this dispute within the context of a lien foreclosure action initiated by the sub. You can either wait for them to start the case, or serve a demand to foreclose.

How long is a lien valid in New York?

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.

What is the statute of limitations on a mechanics lien in NY?

Generally, a mechanics lien is valid for 1 (one) year after its filed in New York. Unless the lien is extended, you will need to enforce your lien claim within this deadline. If you get paid, its a good idea to file a lien release form to discharge your lien claim.

How does a mechanics lien work in New York?

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.

What is the statute limitations on a mechanics lien in NY?

The mechanics lien remains valid for one year provided the affidavit of service of lien is properly completed and filed. The one year time period is measured from filing in the County Clerks Office.