Legal Question in Construction Law in New York

lien

what do you do about a wrongful lien.


Asked on 3/19/07, 12:46 pm

2 Answers from Attorneys

Johm Smith tom's

Re: lien

You negotiate or sue to have it removed.

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Answered on 3/19/07, 12:48 pm
Kevin Connolly Kevin J. Connolly

Re: lien

What you do depends on many factors. This is not simple, which is why it calls for a lawyer. If the lien is "facially invalid," you can make a summary application to expunge the lien. Two months and around $5,000.00 in fees. If the lien is not facially invalid, then you bring on a proceeding to remove the lien. Figure on a year and $20,000 (if you're lucky) or you can discharge the lien by filing a bond or depositing money with the court or you can demand that the lienor proceed with a foreclosure suit which, if you win it, will result in the lien being cancelled. Whether you can recover any of this from the lienor depends on the terms of your contract, which you should have had prepared by a lawyer. It's another instance of "pay me now or pay me later." If you did not have a lawyer prepare the contract, it will be time to take a significant economic hit. But you probably should not be trying to do this on your own, it's way easy to lose the property if you fo not have a mean and nasty shark on your side.

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Answered on 3/20/07, 8:41 am


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