New York Assignment of Lien by General Contractor

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US-02836BG
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Description

This form is an example of an assignment of a mechanic's lien. By virtue of express statutes in most states, mechanics and materialmen (persons who furnish materials for the erection of houses or other buildings), are entitled to a lien or preference in the payment of debts out of the houses and buildings so erected and to the land on which they are erected.
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FAQ

N.Y. Lien Law § 5. Public liens attach to the funds appropriated by the state or public corporation for the public improvement and due or to become due under the contract for the improvement.

Where the contract for an improvement is made with a husband or wife and the property belongs to the other or both, the husband or wife contracting shall also be presumed to be the agent of the other, unless such other having knowledge of the improvement shall, within ten days after learning of the contract give the ...

If labor is performed for, or materials furnished to, a contractor or subcontractor for an improvement, the lien shall not be for a sum greater than the sum earned and unpaid on the contract at the time of filing the notice of lien, and any sum subsequently earned thereon.

If a vehicle is towed at the request of a police official, Section 184(2) of the Lien Law requires the towing company to notify the vehicle owner by certified mail, return receipt requested, within 5 working days from the initial towing, that the garage is in possession of the vehicle.

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.

Pursuant to New York Lien Law § 3, an unpaid contractor, laborer, or materialman may file a mechanic's lien against privately owned real property for the value of the labor or material furnished. Mechanic's liens cannot be filed against publicly owned real property.

File A Lien 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. However, New York is one of the few states that allows the deadline to enforce a mechanics lien to be extended, potentially more than once.

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New York Assignment of Lien by General Contractor