Monday, July 30, 2012

Filing Your New York Lien

Lien Filing in the Empire State


Who can file: As is the case in most states, contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a New York mechanics lien.


Prenotices: New York is one of the few states that does not require a preliminary notice to be served upon the owner before a lien is filed.  This rule applies to residential, commercial, and public lien filings.


Deadlines for Filing: In New York, mechanics' liens in relation to private works must be filed within 8 months from the last date of work on the project.  


A lien on a public job can be filed at any time before the completion and acceptance of the public improvement, but no later than 30 days following completion and acceptance by the state or the public corporation. 


New York mechanics' liens with regard to reresidential single family dwellings must be filed within 4 months after completion of the work.  It is important to note that the work must be completed before the lien can be filed.


Most New York clerks are very strict with the filing deadlines.  Should you be past the filing deadline, your document will be rejected by the county.


Service: Every New York lien is filed with an affidavit of service.  This document states that the lien was served on all parties involved within 10 days after filing the lien.  Without this document, the lien may not be valid.


Extensions: Although the duration of a lien is 1 year in NY, you may extend this time by filing an extension within 1 year from filing.  This extension will ensure that the lien attaches to the property for another year.  An additional extension requires a court order. 


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