Is NY a super lien state?

Because New York is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.

What liens survive foreclosure in New York?

Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title. But the second-mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.

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Pre-Lien Notice to Owner Regarding Potential Mechanic's Lien for...

Notice Lien Provided For Unpaid Common Charges

Category:

Liens - Construction - Mechanics

State:

Multi-State

Control #:

US-01003BG

Format:

Instant download

Description

The Notice Lien Provided for Unpaid Common Charges is a formal document designed to notify property owners about unpaid charges associated with their property. This form serves as a mechanism for contractors to assert their right to a lien if payments for services rendered are not made. Key features include specifying the parties involved, detailing the services provided, and stating the total amount due. To fill out the form, users must enter relevant details such as the contractor's name, contract date, and property description. It is crucial for users to ensure that all information is accurate and that the form is signed and dated properly. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to protect their financial interests in construction projects. It provides a clear legal framework for claiming unpaid debts and can be utilized in any scenario involving unpaid common charges for construction-related services. By utilizing this form, users can effectively communicate their intent to secure a lien, thereby safeguarding against potential financial losses.

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How to fill out Pre-Lien Notice To Owner Regarding Potential Mechanic's Lien For Services To Be Provided To General Contractor?

The Notification Lien Designed For Outstanding Common Fees shown on this page is a reusable official template created by skilled attorneys in compliance with national and regional statutes and rules.

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FAQ

In the event that unpaid common charges are due, any member of the board of managers may file a notice of lien as described herein if no notice of lien has been filed within sixty days after the unpaid charges are due.

Under New York law, the general rule is that liens have priority in the order that they are recorded first in the public land records which is known as the ?first in time, first in right? rule, but there are many exceptions to the general rule.

Because New York is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.

Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title. But the second-mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.

Florida is one of 20 states that are categorized as ?super lien? states with regard to HOA liens. In contrast, most other states HOAs include language in their contracts that places its lien automatically in second or junior position to the mortgage.