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? How do I remove a mechanics lien from title after it has expired

New YorkMechanics Lien

Hi. Property in NY. We hired a contractor after we had a fire. Unbeknownst to us, the contractor hired a subcontractor. Subcontractor was not fully paid by the general contractor. Sub has placed a mechanics lien on the property for more than we hired the contractor for. We are in no hurry to sell the property. It is my understanding that if we do nothing, and the sub doesn't ask for an extension to collect, and doesn't attempt to foreclose, that the lien will expire at some point. If that happens, how do we get the lien cleared from the title?. Thanks

1 reply

Jan 29, 2021

By operation of law, the expiration of the lien removes it from title. However, when you go to sell the home, some title insurance companies will not be satisfied with that alone, and you would have to start a proceeding to discharge the lien based on its exipration (against which the contractor would have no defense). 

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