This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New York Partial Release of Mechanic's or Construction Lien
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Multi-State
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US-01029BG
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How to fill out Partial Release Of Mechanic's Or Construction Lien?
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FAQ
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.
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.
One method to discharge a ny mechanic's lien is by discharging through a bond or deposit. N.Y. Lien Law §19. To discharge a mechanic's lien in this manner, an owner or contractor may file a bond with the public entity or clerk of the county in which the mechanic's lien was filed.
The application must be made upon a verified petition accompanied by other written proof showing a proper case therefor, and upon the approval of the application by the court, justice or judge, an order shall be made discharging the alleged lien of record.
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. This deadline can be shortened if the owner, or other interested party, us served with §59 Demand to Foreclose.
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.
To enforce a mechanic's lien, it is necessary to commence a lawsuit and file a notice of pendency before it expires. 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.
New York prohibits the waiving of lien rights prior to performance. Furthermore, waivers cannot be made in advance of payment, but only with, or after, payment. New York has no requirement that a lien waiver must be notarized. Furthermore, electronic signatures are valid on all lien waivers.