New York Notice of Lien, Private Works
Notice of Lien-Private Works
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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.
Document Title: Notice of Lien Under Mechanic’s Lien Law
Scope: State of New York, Private Works.
Time Constraints: While the forms for a New York filing are relatively simple, the process of filing is somewhat complex and attention should be paid to tracking your filings carefully.
1) File with the County Recorder's office, where the project is located, your Notice of Lien any time during the progress of your work or furnishing, but within 8 months of your last furnishing (Note: on single family dwellings, the time limit to file a Notice of Lien is within 4 months of the last furnishing unless the dwelling is part of a subdivision of five units or more). Using the Property Description field (which generates an ‘Exhibit “A”’ form) you must provide the Block and Lot numbers listed for the property with the county. Some County Clerks will require the metes and bounds – if so, annex a copy of the metes and bounds from a copy of the deed and enter in the Property Description field, too.
2) Once filed, serve a copy of the Notice of Lien upon the owner, prime contractor and subcontractor (if you are a material supplier or did not directly contract with the owner or prime contractor) by certified mail or personal service within 30 days of the filing of your Notice of Lien;
3) Once served, you must file within 35 days of the original filing your proof of your service (either with copies of the green Certified Return card or Proof of Service form) with the County Recorder's office where the project is located. Be sure to include a copy of the attested (that is, the stamped copy the Recorder gave back to you when you filed the original Notice) so the Recorder can readily identify the document. Your claim must be notarized.
4) If the property is not a residential property you are allow to file an extension of your lien claim one time for one year. See New York Extension of Lien, Private Work, for more information.
Failure to file the proof within the 35 day period shall terminate the Notice as a lien on the property.
Perfection: Continuance of the lien, or suit to enforce foreclosure of the lien, must be filed within 1 year after filing the Notice of Lien.
Lien Bond: Any party to the lien may either seek to discharge your lien by court order on filing a Lien Bond or by other sufficient security and one year's interest.
Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.
The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.
Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve ONLY the amount for which you make claim), and the county of the state where the recording will be made.
Form Types: Notice of Lien, Exhibit's A-D, if needed, first Recorder’s Letter (to file the lien) and second Recorder’s Letter (to file the proof of service of the lien).
Procedures: Prepare your documents using the required information. File your Notice of Lien and serve upon the owners, prime contractors and on your customer, if required as stated above. At this point you are ready enforce all of your claims in one action.
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