Legal Question in Credit and Debt Law in New York

+Mechanic's Lien

A lien was placed on my home November 14, 2001 by a roofer who my husband had contracted to do the roof. The roofer has people other than his employees do the roof. There were many problems, we contacted the roofer and we did not get any responses from his place of business. When he requested payment, I did not pay him, but I did request her correct the problems. The roofer never id respond only by placeing a lien on my house.

The question is According to the New York State Lien Law S3/S10/S13/S17, Lien is good for only one ( 1 )year (S17). Do I have to notify New York State or the City of Yonkers, NY where I live? Thank you for your help and any information that you may think I need.

Sincerely,

[email protected]


Asked on 2/23/03, 3:01 pm

1 Answer from Attorneys

Rod Kovel Rod Kovel, Attorney at Law

Re: +Mechanic's Lien

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Speak to the county clerk in the county where the property is. The lien expires automatically if the contractor does not file suit against you to recover on the lien, or if it has not been properly renewed. If he has filed suit in time, the lien remains for a while, even though it may take a few months for the court summons to get to you.

The clerk will either be able to tell you whether the lien was renewed or whether suit was filed or where to go to find out, and if there is no suit, what you should do next. It may be that you have to do nothing.

Good luck.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel Attorney at Law 516-312-9900

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Answered on 2/25/03, 8:07 am


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