How to Get a Lien Off Your House in New York

In New York, a property lien is a legal claim against real estate used to secure the payment of a debt or obligation. A property lien gives the lienholder, such as a contractor, lender, or judgment creditor, the legal right to seek repayment from the proceeds if the property is sold.

One of the most common property liens are consensual property liens. A consensual property lien in New York is a voluntary lien that is created when a property owner agrees to use their property as collateral for a loan or credit. This typically occurs through a mortgage or deed of trust, where the borrower signs a security agreement granting the lender a lien on the property.

Liens can arise from unpaid taxes, court judgments, or services rendered in improving the property. One of the most common types is the mechanic’s lien, which allows contractors, subcontractors, or suppliers to claim unpaid compensation for labor or materials provided.

Under New York Lien Law Section 3, any person who performs labor or furnishes materials for the improvement of real property, with the owner’s consent, may file a lien against that property. The lien must be filed within a specific time frame. This is typically four months for single-family dwellings and eight months for other properties.

The priority and enforcement of liens are governed by Lien Law Section 13, which outlines how liens rank against other claims and mortgages. In general, mechanic’s liens take priority from the date labor or materials were first provided, not the filing date, which can give them precedence over mortgages that are later recorded.

If the debt is satisfied, the lien must be discharged by filing a satisfaction with the county clerk. If not, the lienholder may then have the option to initiate foreclosure proceedings under Lien Law Section 17 in order to enforce their lien and potentially force a sale of the property.

What Happens When There Is a Lien on My Property in New York? How Do I Find Out if My Property Has a Lien?

As mentioned above, when a lien is placed on your property in New York, that lien becomes a legal encumbrance that can affect your ability to sell, refinance, or transfer ownership. The lienholder, whether a contractor, creditor, or government agency, will have a legal claim to a portion of the property’s value to satisfy a debt.

For example, a judgment lien arises when a creditor wins a court judgment and records it with the county clerk, creating a lien on any real estate you own in that county under New York Civil Practice Law and Rules Section 5203. Similarly, mechanic’s liens, governed by New York Lien Law Section 3, can also be filed by contractors or suppliers for unpaid work or materials.

If the properly filed lien remains unpaid, the lienholder may initiate foreclosures to force a sale of the property. This is especially true for mechanic’s liens, which must be enforced within one year unless extended by court order (Lien Law Section 17). Judgment liens can actually last for ten years and may be renewed for another ten years if not satisfied.

In order to find out if your property has a lien, you can search public records at the county clerk’s office where the property is located. Most counties in New York offer online databases where you can search by address or parcel number. Alternatively, you can request a title search through a title company.

How Do You Remove a Lien From Your Property in New York?

Removing a lien from your property in New York requires a thorough understanding of the necessary legal steps, and will depend on the type of lien and whether or not the debt is valid. The following is a general guide on how to remove a lien from your property in New York:

• Identify the Lien: First, you should start by conducting a title search through a title company or by visiting the county clerk’s office where the property is located
  • Then, you can determine the type of lien (e.g., mechanic’s, judgment, tax), the amount owed, and the lienholder’s identity, which is important because different liens follow different legal procedures under New York law
• Resolve the Underlying Debt: Then, you will need to pay the debt in full or negotiate a settlement
  • Some creditors may accept a reduced amount, but you should ensure the agreement includes a written commitment to release the lien
  • For tax liens, you may request a release or subordination from the New York State Department of Taxation and Finance if full payment isn’t possible
• File a Satisfaction or Release: Under New York Lien Law Section 19, the lienholder is legally required to file a satisfaction of lien with the county clerk once the debt is paid
  • If they fail to do so, you can petition the court to compel the release
• Challenge the Lien: If you believe that the lien is invalid, such as if it is fraudulent, expired, or improperly filed, you can file a motion to discharge under Lien Law Section 59
  • For example, a mechanic’s lien must be enforced within one year or it becomes void unless extended by court order, per Lien Law Section 17
  • You may also initiate a quiet title action to remove a lien that is clouding your title
• Bonding Off the Lien: If you need to sell or refinance quickly, you can file a surety bond with the court to discharge the lien from the property while the dispute is resolved, which is common in contested mechanic’s lien cases and is governed by Lien Law Section 20
• Confirm Lien Removal: After filing, you should verify with the county clerk that the lien has been officially removed from public records
  • It is important to keep a copy of the recorded release for your files and future transactions

As can be seen, each lien situation can be unique, so if you have any questions, especially with large debts or contested claims, it’s recommended to set up a legal consultation in New York with New York lawyers familiar with real estate lien and judicial lien laws. They can help you in removing a lien off a house and protect your property rights.

Can You Have a Lien on Other Types of Property?

Yes, in New York, there are many different types of liens that can be placed on various types of property beyond real estate. It is important to note that the New York Lien Law recognizes liens on both real and personal property, depending on the nature of the debt and the services or materials provided.

For example, Article 8 of the Lien Law (Sections 180–190) allows for liens on personal property, such as goods held by a repair shop or storage facility. If someone performs labor or provides services on personal property, such as repairing a vehicle or storing furniture, then they may retain possession of that property until payment is made. This is often referred to as a possessory lien.

Additionally, Article 4 (Sections 80–107) provides for liens on vessels, such as boats or ships, when labor or materials are furnished for their repair or improvement. There are also more specialized liens, including:

• Mold liens under Article 6-A (Sections 150–154)
• Hospital liens under Section 189, which allow hospitals to claim a portion of personal injury settlements
• Liens on monuments or cemetery structures under Article 5 (Sections 120–124)

Do I Need a Lawyer for a Lien on My New York Property?

If you are having an issue involving a lien on your property, whether you believe the lien is valid or invalid, it is recommended to consult with an experienced New York foreclosure attorney. LegalMatch can assist you in finding a qualified lawyer who handles liens on both real and personal property near you.

An attorney will have knowledge of both local and federal laws concerning real and personal property. They will be able to answer any questions you may have regarding your property rights and also be able to assist you through navigating the proper legal avenues to protect your property rights. Whether they assist with filing a quiet title action, a criminal complaint, or a civil lawsuit, having a lawyer greatly increases the likelihood of you resolving your issue.