Does New York State require contractor lien waivers need to be notarized? I’m working with a lender and for a draw they require lien release for the amount . The first one went through no problem but the second one they rejected saying that NYS requires this so they can not process.

2 years ago

I’m working with lending home who rejected a draw request saying that the contractor lien release needs to be notarized. The first draw release went through no issue and not notarized. Everything thing I read or colleague I talk to says NYS does not require this mike

Senior Legal Associate Levelset

The distinction between a lien waiver and a lien release is important here – a lien waiver prospectively waives the right to file a lien, while a lien release releases an already filed lien. In New York, lien waivers are not required to be notarized. However, a lien release must be “duly acknowledged or proved and filed in the office where the notice of lien is filed” under § 19 of the New York lien statute.

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