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What do I do when I get a notice to take action pursuant to section 59 in new york?

New YorkForeclosureLawsuitLien Foreclosure

I'd put a lien on a job I did. they try to challenge it.

1 reply

Jul 18, 2019
Great question. Section 59 of New York Lien Law can be used by property owners to force a mechanics lien claimant to initiate a foreclosure action with respect to the mechanic’s lien within 30 days or show cause why the lien should be not discharged.

It is difficult to get a lien removed by challenging the amount of the lien or protesting the facial content of the lien itself, especially in New York. By forcing the claimant to take action pursuant to Section 59, the property owner can either wait for 30 days and, if an action to enforce is not initiated, the lien expires and can be removed; or, defend themselves in the lien foreclosure action in which attorneys' fees or penalties could be obtained under Lien Law Section 39 if the lien was exaggerated.
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