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New York Extension of Notice of Mechanic's Lien - Corporation

State:
New York
Control #:
NY-16A-09
Format:
Word; 
Rich Text
Instant download

Definition and meaning

The New York Extension of Notice of Mechanic's Lien - Corporation is a legal document that allows a corporation in New York to extend the validity of a mechanic's lien. A mechanic's lien is a claim against a property to secure payment for services or materials provided. This extension is crucial when the original notice is nearing expiration, ensuring that the lien remains enforceable for an additional year. It provides protection to contractors and suppliers who have not been compensated for their work on a property.

Who should use this form

This form is intended for corporations in New York State that have previously filed a Notice of Mechanic's Lien but wish to extend its duration. It is typically used by contractors, subcontractors, suppliers, and others who have provided labor or materials for a construction project. If you are unsure whether you qualify to use this form, it may be beneficial to consult a legal professional.

Key components of the form

The New York Extension of Notice of Mechanic’s Lien includes several important components:

  • Contact Information: Information of the lienor including name, company, address, and contact details.
  • Property Details: Description of the property against which the lien is claimed, including tax map details.
  • Contractor Information: Name of the contractor associated with the lien.
  • Amount of Lien: Specification of the lien amount.
  • Signature Section: Signature of the lienor and a notary public to verify the document.

How to complete a form

To properly fill out the New York Extension of Notice of Mechanic's Lien - Corporation, follow these steps:

  1. Begin by entering the lienor's name and corporation details in the designated fields.
  2. Provide the address, city, state, and zip code of the lienor.
  3. Specify the county where the clerk's office is located.
  4. Fill in the original filing date of the Notice of Mechanic's Lien.
  5. Include complete details of the property, including the Section, Block, and Lot information as per the county tax map.
  6. State the name of the property owner and the contractor.
  7. Indicate the registered amount of the lien.
  8. Complete the signature section, including the date, signature of the authorized person, and title.
  9. Ensure the form is notarized to validate the submission.

Common mistakes to avoid when using this form

To enhance the accuracy and effectiveness of your New York Extension of Notice of Mechanic's Lien, be aware of potential pitfalls:

  • Failing to complete all required sections, which may result in rejection.
  • Providing incorrect property details, leading to complications in enforcement.
  • Neglecting to notarize the form, which is essential for its legal validity.
  • Submitting the form after the original lien has expired.

What to expect during notarization or witnessing

During the notarization process for the New York Extension of Notice of Mechanic's Lien, you will experience the following:

  • The notary public will verify your identity, so be prepared to present identification.
  • You will need to sign the document in the presence of the notary.
  • The notary will then complete their section, providing their signature and seal, confirming that the document is officially notarized.
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FAQ

Fill out the proper NY mechanics lien form. New York law sets specific requirements for the form to use when filing a mechanics lien claim. Serve a copy of the lien on the property owner. You must notify the property owner of the lien. Record the lien with the NY county recorder.

Who you are. The services or materials you provided. The last date you provided the services or materials. How much payment should be. The date on which you will file a lien if you do not receive payment. How the debtor should pay.

In New York, a mechanics lien is generally effective for one year after its filing, and an action to enforce the lien must be initiated within that period of time.

Review the mechanic's lien and gather information. Dispute the mechanic's lien in writing. Demand an Itemization. If the lien is on a residential property, verify that the lienor is licensed. Determine whether there is a "facial defect" to the mechanic's lien. If there is no facial defect in the lien, demand foreclosure.

If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.

The cost to start a New York limited liability company (LLC) is $200. This fee is paid to the New York Department of State when filing the LLC's Articles of Organization. There are two options for forming your LLC: You can hire a professional LLC formation service to set up your LLC (for an additional small fee).

New York LLCs and LLPs are not required to pay federal or state income tax.While New York LLCs and LLPs themselves are not required to pay income tax, it should be noted that members/owners of these entities must still pay New York state income tax on distributions that they earn from the company.

Filing the Articles of Organization By mail, send the completed Articles of Organization with the filing fee of $200 to the New York State Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231.

Choose a name for your LLC. Find a NY registered agent. File articles of organization with NY state. Obtain NY business permits. Publish notice of LLC formation and submit certification of publication to the state. Create an LLC operating agreement. Keep your LLC active by paying necessary NY taxes.

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New York Extension of Notice of Mechanic's Lien - Corporation