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Can owner force me to foreclose a lien?

New YorkLien Foreclosure

I have recently filed a mechanics lien with zlien #1436021 100 west 80th st NY NY Apt #5B, the owner responded to me stating that he has paid the general contractor in full (which I don't think is true) and stated he will force me to foreclose the lien? Don't understand what he is stating, he also stated he would offer a "token" for payment? balance owed is $9,650.00 on a $57,000 contract - This is the balance the GC owes me. What do I Do? Thanks in advance for your help.

1 reply

Aug 7, 2018
First, this article may be helpful here: My Lien Was Challenged — What Do I Do? Anyway, without having actual knowledge of what's contained in an owner's response to a lien filing, it's hard to speculate what the next steps should be for a claimant. If it does not appear that the lien filing will result in payment, sending a Notice of Intent to Foreclose can be helpful - the notice makes one final demand for payment before a lien foreclosure action will take place. Alternatively (or in a addition to the Notice of Intent to Foreclose), it might be a good idea to reach out to a local real estate or construction law attorney. They will be able to review the circumstances, documentation, and communications surrounding the lien claim and provide advice on how to move forward. But it's worth noting that, in New York, a subcontractor's mechanics lien recovery will be limited to the amount unpaid to the general contractor. Thus, if payment has truly been made to the GC, recovery under the claim might not be possible. Finally, regarding a "token" being offered for payment - the owner may very well be referring to a blockchain token, as in cryptocurrency. But without the full context, it's hard to tell what that phrase refers to out of context, and providing the documentation to a local attorney should also help clear that up as well.
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