Real Estate Liens
A New York real estate lien is one of the most effective and inexpensive ways for a home improvement professional to collect unpaid bills. A home improvement professional can file a real estate lien when they work on a property and the property owner does not pay their bill. Real estate liens prevent property owners from selling or refinancing the property affected by the lien. Liens can also cause property owners serious financing issues. Generally, a professional enforcing a lien, a “lienor”, files a verified one-page form with the county clerk, where the property that is the subject of the lien is located. For work done on private property, a lien may be filed by a contractors, laborers, material suppliers, landscapers, planters, gardeners, nurseries, laborers who work for the owner, the owners agents, and trust funds that pay for upkeep on the property.
IF YOU NEED TO FILE OR VACATE A REAL ESTATE LIEN CALL TILEM & ASSOCIATES FOR THE MOST AGGRESSIVE REPRESENTATION AVAILABLE. OUR NEW YORK LIEN ATTORNEYS ARE STANDING BY 24/7/365 TO TAKE YOUR CALL. FREE CONSULTATIONS 877-377-8666
When a real estate lien is filed, the lien attaches to the property. This makes it nearly impossible for the property owner to sell, devise, or otherwise give away the property until the lien has been canceled, discharged, vacated, or satisfied. Properties usually need to be lien free before banks will lend to property owners, especially if the owner uses the property as collateral. This is a serious problem for someone who owns a property with a lien against it. Usually, owners hurry to get rid of the lien as fast as possible. If the property owner does not cure the lien in a timely manner the property can be foreclosed on to satisfy the home improvement professional’s bill.
Before filing a lien, a lienor must show that a property owner consented to the lienor making the improvement. The owner must have performed some acts showing that they wanted their property improved. A lienor needs to be licensed and must be allowed to do business in New York State. Unlicensed builders, plumbers, and other contractors cannot enforce liens.
Lien Law § 9 lists the required information that needs to be provided in a real estate lien filing:
- (1) the name and residence of the lienor, with some special provisions for partnerships and corporations,
- (2) name and address of lienor's lawyer,
- (3) the name of the owner of the property the lien is being filed against,
- (4) the name of the person that employed the lienor, who the materials were furnished to, or if the lienor is a contractor, who the contract was made with,
- (5) what labor was done, what materials were furnished, and what the agreed on price was, or if materials were made for, but not delivered to the property, what the price of those materials was.
- (6) lienor’s unpaid bill;
- (7) the first and last dates when labor was done and materials were delivered.
- (8) a description of the property that can identify it.
- (9) The lien needs to be verified by the lienor.
A lienor can only file a real property lien based on “improvements.” Improvements are alterations to structures or materials delivered to structures that improve them. The amount that can be recovered on a lien cannot exceed the value or the agreed-on price of the labor and materials furnished during the improvement. It is very important that a lienor accurately calculate the amount claimed in the lien. Exaggerated liens can result in countersuits that give the property owner damages, attorney’s fees, and cancels the lien.
A real estate lien must be filed within eight months of the performance of the final services or within eight months of the date the last materials are delivered. When the property is a single-family residential home, the lienor only has four months to file. The time limit begins when the last work is complete, or the last materials are delivered, which-ever comes last. This is not necessarily the time that the construction project ends, so potential lienors need to be careful. The New York lien attorneys at Tilem & Associates can help you comply with the strict filing deadlines and precise description requirements of a real estate lien. If someone has filed a fraudulent or exaggerated lien against you the New York lien lawyers at Tilem & Associates will fight your lien with the most aggressive tactics legally available. Call today.
IF YOU HAVE A LIEN YOU NEED TO VACATE, OR AN UNPAID BILL FOR REAL ESTATE WORK, CALL THE NEW YORK LIEN LAWYERS AT TILEM & ASSOCIATES 24/7- 365. OUR LAWYERS ARE WAITING TO GIVE YOU A FREE PHONE CONSULTATION. CALL NOW. 877-377-8666