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A contractor put a mechanic's lien on my home and failed to file an affidavit of service is the lien invalid?

Peekskill, NY |
Filed under: Mechanic's lien

The contractor filed a liien within the 4 mos and I received via certified mail. When I look on the County records I do not see that an affidavit of service was filed. Does this mean the lien is invalid?

Attorney Answers 2

Posted

Under New York Lien Law, the affidavit of service MUST be filed in order for the lien to be valid. The affidavit of service may be filed within 30 days following the service of the lien. Therefore, the fact that the affidavit of service was not filed does not necessarily mean the lien is invalid unless you are more than 30 days past the day that the lien was served and recorded.

The information provided herein is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by this answer. You should consult with a local attorney regarding your specific situation to obtain legal advice.

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Posted

Under New York Lien Law, the affidavit of service MUST be filed in order for the lien to be valid. The affidavit of service may be filed within 30 days following the service of the lien. Therefore, the fact that the affidavit of service was not filed does not necessarily mean the lien is invalid unless you are more than 30 days past the day that the lien was served and recorded.

The information provided herein is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by this answer. You should consult with a local attorney regarding your specific situation to obtain legal advice.

Mark as helpful

1 lawyer agrees

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