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lien money release

New YorkLien ReleasesMechanics Lien

We had a bad contractor fired for very poor workmanship and he put a lein on my clients home for $11,000. So we paid off the lein to the county clerk and the subcontractor had one year to bring a law suit. The sub contractor never sued since he had no mean of winning. How do we get our 11,000 from the town clerk.

3 replies

Jan 24, 2023

You will need to apply to the Court to discharge the lien and return the money. You may need an attorney to assist you with the papers. 

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Jan 24, 2023

Although you would think that this would be automatic, out of an abundance of caution the county clerk will typically require a court order discharging the lien. However, that may not be the case if you're well outside of the NYC metro area. The best thing would be to call and ask to speak with a clerk and ask about the process for releasing the deposited money. If they are requiring a court order, then you're going to have to bring a special proceeding to discharge the lien, and then you take that discharge to the clerk for release. 

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Jan 24, 2023

Greetings. You appear to want to know how to get your deposited money back from an expired substituted-lien. To get money back from an expired substituted-lien, the depositor must obtain an Order of Surrender to the Clerk from any court having jurisdiction over the parties. To get that Order, a petition with the court must be filed. Please be mindful that while the depositor will get the money back, he will wake up the recalcitrant lien holder, who may then file a breach of contract claim, notwithstanding the loss of the lien claim. Contact a good New York lawyer for further information.      

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