Real Estate Law
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Can you tell me, do you mean a mechanic's lien filed by a contractor, subcontractor, etc., for work done on the house, or is this another kind of lien?
I AM BEING SUED BY AN INSURANCE COMPANY FOR $700,000. FOR EARNED PREMIUM. I AM NOT PAYING IT. MY HOUSE IS IN MY WIFES AND MY NAME. I"M SURE THEY WILL PUT A LIEN ON THE PROPERTY.
HOW LONG WILLTHE LIEN STAY?
Thanks for your reply.
This falls under New York lien law statutes, section 17, which provides in part:
Duration of lien. No lien specified in this article shall be alien for a longer period than one year after the notice of lien has beenfiled, unless within that time an action is commenced to foreclose thelien, and a notice of the pendency of such action, whether in a court ofrecord or in a court not of record, is filed with the county clerk ofthe county in which the notice of lien is filed, containing the names ofthe parties to the action, the object of the action, a brief descriptionof the real property affected thereby, and the time of filing the noticeof lien; or unless an extension to such lien, except for a lien on realproperty improved or to be improved with a single family dwelling, isfiled with the county clerk of the county in which the notice of lien isfiled within one year from the filing of the original notice of lien,continuing such lien and such lien shall be redocketed as of the date offiling such extension.
A lien on realproperty improved or to be improved with a single family dwelling mayonly be extended by an order of a court of record, or a judge or justicethereof. No lien shall be continued by court order for more than oneyear from the granting thereof, but a new order and entry may be made ineach of two successive years.
What all of this means is that although the lien can only last a year, but can be extended one more year by court order, and then every two years, a new order and entry of lien can be entered by the court. In other words, the lien can continue perpetually until such time a court refuses to extend the lien (which in my experience having handled liens doesn't happen) or until a party decides they wish to foreclose on the lien.
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