Artisan Lien Foreclosure
Description
How to fill out Notice Of An Artisans Common Law Lien?
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FAQ
A mechanic's lien can only be foreclosed on by the judgment of a court of competent jurisdiction. The judgment entered in such a proceeding shall foreclose the lien and order the sale of the property subject to that lien.
You can begin foreclosing on a lien the same day you record it. You do not need to wait any amount of time. However, there is a maximum time you can wait to foreclose on the lien - that is if you do not have a lien foreclosure lawsuit filed within 1 year of the date a lien was recorded, then the lien is void.
When you are ready to enforce it, you are essentially filing a lawsuit, so the preliminary steps mirror those of any other lawsuit. Your New York mechanic's lien attorney will draft the foreclosure suit, which must be served on all parties with an interest in the property, such as the: Owner.
To foreclose on your public improvement lien, it will be necessary to commence a legal action against the City, the contractor, and any other claimants against the contractor. We advise that you consult with legal counsel. Authorities such as Transit, Housing, and School Construction handle their own liens.
You must file the lien foreclosure action in a court that has jurisdiction over the property where you supplied materials or work. You will likely need to consult an attorney to file a foreclosure action. Such actions are expensive and time-intensive so make every effort to settle the matter first!