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I am the home owner. How do I get rid of a mechanic lien once it has expired?

A contractor put a lien on my home. The lien was extended after the first year and has now since expired. The contractor has not renewed and has not brought suit because he knows its a bogus claim. I posted a bond so that I can sell my home. How do I get this lien removed so that I can get my bond money back and be done with this?

1 reply

Aug 31, 2020

To get an expired mechanics lien removed, and the refund of a lien release bond, you'll need to petition the court under NY Lien Law §59. The first step in this process is to send a notice to the lienholder. This notice should reference the lien information and the statute cited above, along with a request to (1) commence an action to enforce the lien or (2) show cause in court why the notice of lien filed or the bond given should be vacated and cancelled; within 3o days of receipt. Retain that proof of service. If the claimant fails to do so, then you can submit the proof of service along with a petition for the removal to the court. You should consult with a local attorney to ensure you follow the procedures to a T. We have a few New York construction attorneys in our Expert Center Community that you may want to reach out to personally. One of whom, Vincent Pallaci, has a great article on the subject: What is a Lien Law Section 59 Demand to Foreclose? Good luck!

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