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Need to extend lien that was due in January 2023

New York

Never got a notice to renew

6 replies

Apr 5, 2023

When was the original lien filed? It's good for a period of one year from the date of filing. However, once that anniversary date passes without being renewed, the lien is expired. Accordingly, unless you've done new work within the 8- or 4-month window for filing a lien, the lien is gone and there is no ability to resurrect it. 

When you say you never received a notice to renew, do you mean from the county clerk where you filed the lien? County clerks do not send reminder correspondence; lienors need to keep track of the expiration dates of their liens and take proactive measures to preserve their rights.

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Apr 5, 2023

I am not sure of the context of your comment, but here is how it works in general. 1) You must file a lien on a residential project within four months and a commerical project within 8 months from the last date you provided labor, materials or equipment on the project (with some limited exceptions); and 2) That lien is valid for one year, but before the expiration, the LIENOR, not the Owner, must make a filing to extend the lien. Further extensions are allowed, but they are not guarnateed to be granted by the Court; or 3) You can forceslose upon a lien (start a lawsuit) which will "perfect it" with a notice of pendency and vitiate the need to "extend" the lien further.  

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Apr 5, 2023

There is no mechanism for notices to renew from the County Clerk. Has the lien technically expired? if so, you may want to consult counsel to see if it could be revived nunc pro tunc.  

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Apr 5, 2023

I meant a notice from Levelset, not the County Clerk

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Apr 5, 2023

when was the original lien filed?, when did you last work on the project?

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May 11, 2023

yep, I agree with Austin Brown. I think you belong to case 2. 1v1 lol 


 

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