So one of my subcontractors placed a Mechanics lien on one of my previous job-sites. This issue was resolved and the individual stopped renewing the lien earlier this year.
1 reply
Aug 20, 2018
Good question! Based on § 19(2) of the New York mechanics lien statute, a lien claim that has been extended will "terminate as a lien after such notice has been cancelled or has ceased to be effective as constructive notice." Meaning, under the statute, the lien should "terminate" once the deadline to enforce the lien has passed. Many interested parties will prefer to discharge a lien via a recorded document from the lien claimant, though. Under § 19(1) of the New York lien statute, a claimant may file a certificate in the county where the lien is recorded stating that the lien is satisfied or released. Such a certificate must be duly acknowledged or proved. Many contractors execute such a release by providing the form to the claimant for their completion, and require that the document be exchanged for payment of the lien. Then, the contractor will file the release on behalf of the claimant, releasing the lien.