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Mechanic's Lien

07/04/06 @ 01:07:42 pm by admin

Although most contractors are aware that disputes with a homeowner can result in frustration, annoyance, and nonpayment, many contractors are unaware that they can file a lien against the homeowner's property.

Such a lien, called a mechanic's lien in New York, can make it hard or impossible for a homeowner to sell the property while the lien is in place and may even enable the contractor to institute a foreclosure proceeding against the homeowner.

When should a contractor file a mechanics lien?

A mechanic's lien must be filed within eight (8) months from the last date labor or materials were provided; four (4) months if the property is a single family home.

What if the general contractor was paid?

If a subcontractor files a mechanic's lien against the homeowner and the general contractor had been paid, the homeowner will have a defense against the mechanic's lien. The solution is for the subcontractor to file a mechanic's lien while doing the work or as soon as a problem is detected.

What kind of improvements must be made before a mechanic's lien can be filed?

The improvements must be permanent in nature. A mechanic's lien will not attach where materials are supplied for a temporary improvement.

How long is the mechanic's lien effective?

A New York mechanic's lien is effective for one year from the date of filing, unless an action is commenced during that period. The lien can otherwise be continued by a court order.

How much does it cost?

Costs:
Filing Fee: $35.00

Attorney Fee: $365.00

Need a Mechanic's Lien Lawyer?

If you need a Mechanic's Lien Lawyer please call (716)-656-7676 for a free phone counsultation or HERE for a free web consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.

Categories: Contractors

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Need an Mechanic's Lien Lawyer in New York?

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