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Video Guide on Mechanic's Lien Release management

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Commonly Asked Questions about Mechanic's Lien Release

In New York, a mechanics lien is generally effective for one year after its filing, and an action to enforce the lien must be initiated within that period of time. This deadline can be shortened if the owner, or other interested party, us served with 59 Demand to Foreclose.
An owner may also bond the lien or deposit funds into Court to have it removed. The owner also has a right to demand and obtain a sworn statement called an itemization of lien from the company that filed the lien, which requires a full description of the work and materials which allegedly make up the lien.
A lien release is a document that is filed in the public land records as the official notice that the lien is removed. Once payment has been received, a contractor has a duty to remove any lien that was filed against the property.
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.
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.
New York Lien Law 19(4) allows a lien to be discharge by filing a bond securing up to 110% of the amount claimed. A mechanics lien discharge bond is executed by the principal, which requests the bond, and the surety, a financial services company which guarantees payment if the lien claim is proved.
The New York Lien Law provides a number of mechanisms to discharge a mechanics lien before or during litigation. New York Lien Law 19(4) allows a lien to be discharge by filing a bond securing up to 110% of the amount claimed.