Legal Question in Real Estate Law in New York

The contractor that the built the house that I purchased, placed a lien on my property shortly after I closed. I discovered the lien, when I tried to refiance the property. I also discovered that he breached his contract with the previous owner and did not deliver a permanent certificate of occupany. Unfortunately, his work was never inspected and the house is not in compliance with the city codes. I would like to represent myself as pro se litigant in court and bring action to remove the lien from the title. However, I am not sure how to go about doing the same. In my research of lien law, I saw that I can file a demand for an itemized statement under article 2 section 38 of the law or I can bring action against a wilfully exaggerated lien. According to section 39 of the law, a wilfully exaggerated lien is void. I would like to pursue the action pursuant to section 39, however, I do not know what I need to file or how I should proceed with that action. Do I need to perform section 38 prior? The clerk's office is not really helpfully at guiding pro se litigants, so I would appreciate some legal advice that will direct me down the path of finally discharging this lien from the title.

Asked on 7/29/10, 7:39 am

Arnold Nager Arnold H. Nager, Esquire

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A lawyers advice is his stock in trade.

Answered on 8/03/10, 11:48 am

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