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How can a contractor get rid of a mechanics lien that has been filed on a property, without the lien claimant?

New YorkLawsuit Lien Releases

A subcontractor filed a mechanics lien on a previous job-site. I worked with this subcontractor on a job site. We did not have a written contract, but had a verbal contract. This individual 1's work, was unprofessional and costed us time and money. Therefore, we kicked him out. We finished the job with another individual 2 and once the job was completed, individual 1, placed a mechanics lien on the property. Is there anyway I can get rid of the mechanics lien from the property WITHOUT a. Getting a lien release form b. Getting a Mechanics lien release bond

1 reply

Aug 22, 2018

Other than getting a release filed by the claimant or obtaining bond there are a few ways that a lien can be removed.

Deposit:

After the notice of lien is filed but before an action is commenced to foreclose such lien, an interested party may discharge the lien by depositing with the county clerk, in whose office the notice of lien is filed, a sum of money equal to the amount claimed in such notice, with interest to the time of such deposit. This works similarly to obtaining a bond, but doesn't require the step of involving a third-party.

Time Passing:

If the lienor fails to enforce or extend the lien by the deadline to do so, a court can be petitioned to order the lien released.

Final Determination in Favor of Property Owner:

A lien can be discharged by filing (in the office of the clerk of the county where the property is situated) a transcript of a judgment of a court of competent jurisdiction, together with due proof of service of due notice of entry thereof, showing a final determination of the action in favor of the owner of the property against which the lien was claimed.

Facial Invalidity:

When the lien claimant wasn't qualified to file a lien because of the nature of his work; or when the notice of lien is invalid because the required information is not provided on the lien claim; or when the lien was not correctly filed/recorded, any interested party may petition the court for an order summarily discharging the alleged lien.

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