what is a mechanics lien

what is a mechanics lien

1 year ago 68
Nature

A mechanics lien is a legal claim against a property that serves as a security interest for those who have supplied labor or materials that improve the property. Mechanics liens exist for both real and personal property, and they are purely statutory devices that exist in every state. The purpose of mechanics liens is to protect contractors and ensure payment for services, labor, and materials. The creation and enforcement mechanisms differ depending on whether real or personal property is involved. Mechanics liens on real property are exclusively the result of legislation, and each state has its own laws regarding the creation and enforcement of these liens. Mechanics liens can be filed by contractors, subcontractors, laborers, suppliers, or design professionals who were not paid in full for the work, services, or materials they provided related to a construction job on the property. A mechanics lien enables the person or company that filed it to commence a foreclosure lawsuit to force the sale of the property so that the sale proceeds can be used to pay the debt owed. Here are some key facts to keep in mind when filing a mechanics lien in New York:

  • You must file a complete and accurate mechanics lien filing, including a legal description of the property that meets all requirements of the office where you are filing.
  • You must file your proof of serving a copy of the mechanics lien to the owner within 35 days of filing the lien.
  • Filing deadlines must be followed.
  • Some categories of suppliers may not be qualified to file a New York mechanics lien.
  • Landscape artists can also file a mechanics lien in New York.
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