A New York Satisfaction of Mechanic's Lien is a document used to indicate that a party has received full or partial payment for services or goods provided. The Mechanics Lien is used to claim a legal claim to the property for any unpaid debt. The lien must be satisfied in order for the debtor to have full ownership of the property. In New York, there are two types of Satisfaction of Mechanics Liens: Full and Partial. A Full Satisfaction of Mechanics Lien is a document used to indicate that the services or goods provided have been fully paid for, and the lien is no longer applicable. A Partial Satisfaction of Mechanics Lien is a document used to indicate that the services or goods provided have only been partially paid for, and the lien is still applicable for the remaining balance owed. Both types of Satisfaction of Mechanics Lien must be filed with the county clerk in order to be legally binding.
New York Satisfaction of Mechanic's Lien
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§10(1) Notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials
New York Lien Law § 20 provides that an owner may discharge a mechanic's lien by the payment of money into court. Before a lien foreclosure action is commenced, the discharge is effectuated by depositing with the county clerk a payment equal to the amount claimed in the lien, with interest to the time of the deposit.
The mechanics lien remains valid for one year provided the affidavit of service of lien is properly completed and filed. The one year time period is measured from filing in the County Clerks Office.
New York Lien Law § 20 provides that an owner may discharge a mechanic's lien by the payment of money into court. Before a lien foreclosure action is commenced, the discharge is effectuated by depositing with the county clerk a payment equal to the amount claimed in the lien, with interest to the time of the deposit.
If you work or provide material to a contractor or subcontractor of a public improvement project for the City, you can file a Notice of Lien. A lien is a legal claim against property for outstanding debt. You can file the notice before the project is completed or within thirty days of completion.
Until service of the notice has been made, as above provided, an owner, without knowledge of the lien, shall be protected in any payment made in good faith to any contractor or other person claiming a lien.
A mechanic's lien can be filed during the course of a construction project when payment becomes due, or it can be filed after the project is completed. However, it must be filed no later than 8 months from the last day that the party asserting the lien (the lienor) performed work or furnished materials for the project.
Lien Law § 17. If the lienor fails to foreclose on the lien before it expires, the lien is automatically extinguished, though it may still be possible to commence a lawsuit for breach of contract.
