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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I had a lien put on a property in sackets harbour ny by a contractor

Resolved Question:

I had a lien put on a property in sackets harbour ny by a contractor that drew up a scetch of a foundation wall .The drawing is not stamped by an engineer and he calls it an engineered drawing and wants $500 for it.The foundation already exists and nothing has increased the value of property.what is the best way to get lien removed as I feel I am being scamed.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thanks for the question. You certainly are being scammed as the contractor has to have done work on the property before they can put a lien on it.

You will need to attack the lien through litigation. This can be done through a Motion for SumXXXXX XXXXXen Dismissal because the lien is defective on its face (no actual improvement undertaken) and the drawing was not stamped by an engineer (the contractor is not licensed). These type of lawsuits are best done by a New York construction lawyer, but any New York lawyer should be able to do it for you.

Are you intending on hiring an attorney or are you going to attempt to do it yourself?

-ZDN
Customer: replied 1 year ago.

I can try to do it myself but not sure where to start

Expert:  Zachary replied 1 year ago.

Well, you should also consider that a lien is only good for one year and that the contractor would have to move to foreclose on the lien within a year or he would lose his lien.

If there is no hurry to remove the lien, its probably better to just wait it out and see if he tries to foreclose. If he does, then you can simply move to have the case dismissed because of the failures of the lien mentioned above.

This would be what I recommend doing since you want to do it yourself. That makes it a little easier on you because you don't have to start the lawsuit, which is more expensive than simply answering one, and there is a lot more work involved. If he doesn't sue, then the lien simply disappears after one year.

A motion to dismiss the the lien would simply state that you are asking the court to dismiss the lien because the contractor has not performed any improvement to the property and does not have standing to assert the lien because he is unlicensed. By asserting this motion, you then file an affidavit along with it which swears that no work was performed and that he never obtained an engineer's seal on the drawing and ask the court to dismiss. Short and sweet.

Please let me know if you have other questions or need more information. Please also remember to rate my answer positively so that I may be compensated for my work by the website.

Thanks,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience: Lead trial/International commercial attorney licensed 11 yrs
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