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How can I fight a fraudulent mechanics lien in ny

Pomona, NY |
Filed under: Lawsuits and disputes

conracted for X$, he wanted more because he under charged so he filed a false mechanics lien

This commenced in Oct 1986,notice of Lien was March 23, 1987 for $854. Contractor passed away a few years later, County Clerk says only a court can remove it.

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Attorney answers 2

Posted

At this point, you will not be able to 'fight it'- you will have to either seek its discharge, if possible, through a court proceeding, or by paying it off. However, the creditor may not be alive, or his company defunct, which could add to the difficulty. Additionally, 'interest' may truly be a significant issue. If you wish to discuss this matter in detail, kindly contact me at the link below.

Posted

A mechanic's lien in the State of New York lasts for one year. If the mechanic's lien is not enforced within 1 year of filing, or extended, then it expires by operation of law. If the lien on your property was filed in 1987 then is expired long ago if the contractor did not enforce it. Therefore, no court proceeding is needed to discharge the lien. Most title companies know this and will not consider the lien valid. However, if you encounter any trouble you should contact a local construction attorney and he or she can contact the title company and usually explain to them that the lien is not valid.

For more information on mechanic's liens in New York visit our website at

http://www.nyconstructionlaw.com

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