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Our County Clerk's office is closed. Will the lien deadline be extended?

New YorkCoronavirusLien Deadlines

I do business on Long Island (Nassau County, NY). Our County Clerk's office is closed. Will the deadline to file a mechanic's lien be extended beyond the 4 months residential/8 months commercial to make up for the time that the Clerk's office was closed?

1 reply

May 27, 2020
New York did put many legal deadlines on pause, and a number of county clerks offices were closed. Unfortunately, the executive order tolling (suspending) deadlines wasn't crystal clear as to whether or not it applied to mechanics lien filing deadlines. Though, the order was extremely broad - so it's possible. Still, apparently, some other real estate transactions have been continuing and getting filed with the clerks - meaning it might be possible, and even necessary, to try and file a mechanics lien claim right now. Unfortunately, I don't think I can give a simple or concrete "yes" or "no" here. And, the best practice is to place the lien for filing with the clerk (whether that be in person, by mail, or electronically) to try and get the lien filed on time. If they won't accept the filing, then it might be wise to contact the recorder to try and urge them to file - they may be willing to make exceptions for emergency situations. You can contact the clerk's office here: Nassau County Recorder's Office. Finally, if the document simply can't be filed, it'd be wise to generate and save documentation (i.e. mail receipts, affidavits, written and dated correspondence, attempts at e-recording, etc.) showing that you made every effort to get the lien filed on time. Considering the seriousness of the shutdown, and considering the lack of clarity regarding mechanics lien deadlines, it's entirely possible that leniency could be given regarding lien filings. This article from the New York Bar Association does a great job of summing up the current state on New York mechanics lien deadlines and county closures: Mechanic’s Liens: How N.Y. Executive Orders Related to COVID-19 Affect Filing, Extension and Discharge.
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