Legal Question in Real Estate Law in New York
if i have a lien on a house and that house becomes destroyed and has to be knocked down and rebuilt, is the lien null and void
Asked on 3/02/14, 2:26 pm
3 Answers from Attorneys
David Slater
David P. Slater, Esq.
Not if it same legal address and owner.
Answered on 3/02/14, 2:34 pm
Kevin Connolly
Kevin J. Connolly
The lien would attach to the land. Depending on the type of lien, it may attach to the insurance proceeds. That is true of mechanic's liens as well as properly-prepared consensual liens (mortgages and the like).
Answered on 3/02/14, 2:40 pm
Walter LeVine
Walter D. LeVine, Esq.
I agree, but anticipate a request to subordinate if the new construction is expected to cost more than insurance proceeds.
Answered on 3/02/14, 6:13 pm