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See below question regarding Mechnics Lien

New YorkMechanics Lien

My contract to do work is with an individual, he has since transferred the property to an irrevocable trust with his son as the trustee. Am I able to do a mechanics lien in the Trust Name, and should I include the Grantor and his son The trustee as well?

1 reply

Jun 10, 2021

Generally, an owner can't avoid mechanics lien simply by transferring a property into a trust. However, it could change the information on the lien claim some.

§ 9 of the New York mechanics lien statute states that the owner of the property must appear on the lien, as well as the interest of that owner as far as it's known to the lien claimant. And, to be sure, § 2(3) defines an "owner" to include "...all persons having any right, title or interest in such real property, which may be sold under an execution in pursuance of the provisions of statutes relating to the enforcement of liens of judgment..." So, it's likely a good idea to ensure that the ownership information is thoroughly detailed on the face of the lien. Including both the trust that owns the property, as well as the trustee(s), might be a good idea to cover all bases - and sending notice of the lien filing to all related parties is certainly a good idea.

With that being said, considering this is a bit of a narrow question on a unique situation, a New York construction lawyer would be better positioned to provide a detailed answer here. So, I'm curious to see if a NY lawyer might follow up on this question to provide some insight. If you'd like to contact one directly, here's a directory of New York construction lawyers: Top New York Construction Lawyers. Additionally, Levelset now offers Legal Guard in New York which can be a more affordable and easier way to approach your NY construction law needs. You can learn more about that here: Legal Guard | Put a Legal Team in Your Corner.

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