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I am a subcontractor lein was ordered last week

New YorkLien Foreclosure

I was wondering since the homeowners who is who I leaned have a lot of money and may not find the lein to be an issue what would be my next step if nothing comes from my lein I am in New York. My lein is against homeowner due to the fact the general contractor is telling me the homeowner hasn’t paid which is why I’m not being paid. Last date of contact with homeowner was the scheduling of final inspection on March 5th

2 replies

May 28, 2020
Most states have a foreclosure procedure that is used to actually collect the amount of the lien. You will need to contact an attorney to help you file this lawsuit. Some states have a deadline that you need to meet in order to foreclose, so make sure you are within that window. Once the lien has been foreclosed on, the owner will either need to pay the amount owed or sell their property to satisfy the amount owed. An attorney could give you more information on what this looks like.
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May 28, 2020
If they don't pay voluntarily, you will have to file a lawsuit to foreclose the lien, you should also in the same lawsuit sue the general contractor for breach of contract, since his obligation to pay you is not dependent on the homeowner paying him. We do alot of this type of work on contingency, if you do not already have an attorney that you are working with.
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