Convincing a lien claimant to release their own lien
The fastest and easiest way to get a New York mechanics lien removed is to convince the lien claimant to release the lien themselves. Certainly, lien claimants won't be jumping to release their own claim. But, if an owner can show why their lien is improper, show what damages or penalties may be on the table if the lien isn't released, and demands that the claimant release their lien before further legal action is required, then they might be able to have the lien claimant release the claim themselves.
For help writing a demand letter for the release of a lien claim, it'd likely be wise to consult an attorney, such as one of these New York Construction Payment Experts.
Bonding off a filed mechanics lien
Further, New York owners are also entitled to bond off mechanics liens filed against their property. Bonding off a lien won't make it disappear, but it will release the property title from the dispute. And, considering the next step after a lien is bonded off is generally to enforce the claim via lawsuit against the bond, it will force a claimant to take a harder look about whether they want to pursue the claim. With the costs and stakes associated with an enforcement suit, claimants with questionable claims might think twice about proceeding with their claim.
Challenging a mechanics lien
The classic way of disputing a mechanics lien claim and forcing the removal of the lien from the property is to challenge the lien via legal action. And, to be sure, when a New York mechanics lien has been exaggerated, that lien will generally be void and could lead to further costs or damages paid by the lien claimant to the owner. Plus, liens that aren't field prior to the mechanics lien deadline are typically invalid and unenforceable anyway.
So, if there are a number of different grounds under which the lien claim should be deemed improper, then an owner would seemingly have a pretty strong case in challenging a lien claim. Still, in order to bring a legal action, it'd be wise - if not required - to hire a New York construction attorney to help in bringing a lien challenge.
We've discussed some challenges in fighting New York lien claims on the blog before: (1) New York Exaggerated Lien Claims More Difficult To Prove After Recent Appeals Case; and (2) Mechanics Lien: New York Rules On What Is A Fictitious Lien.