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Home>Levelset Community>Legal Help>Once a mechanics lien is notarized, is the lienor now swearing ... or not given the absence of an oath?

Once a mechanics lien is notarized, is the lienor now swearing ... or not given the absence of an oath?

New YorkMechanics Lien

"Once the mechanics lien form is complete, the state of New York requires that the lien is notarized in order to be valid." If you swear under Oath to a Notary Public, you have made a solemn Oath under the penalty of perjury. No oath appears on the lien so my question is: Now that it is notarized, does the lien now meet the definition of being a subscribed written instrument given that the lienor is swearing such that, if swearing falsely with intent to mislead a public servant (a county clerk), he is committing perjury? New York Penal Code Article 210, et seq. Second-Degree: A person is guilty of perjury in the second degree when he swears falsely and when his false statement is (a) made in a subscribed written instrument for which an oath is required by law, and (b) made with intent to mislead a public servant in the performance of his official functions, and (c) material to the action, proceeding or matter involved.

3 replies

Aug 11, 2021
in theory, a false swearing to a lien is crime. However, i have never seen it employed, generally, the victims force foreclosure adn the lienor walks away. Good luck
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Aug 11, 2021
Thank you for your reply Ms. Sigmond. Forcing foreclosure is one option I am weighing. So false swearing to a lien would be a crime with or without an oath in your opinion?
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Aug 11, 2021
There would need to be an actual oath to event open the question.
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