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RobertJDFL
RobertJDFL, Lawyer
Category: Real Estate Law
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HOW LONG CAN A NY PROPERTY LIEN STAY ON YOUR PROPERTY

Resolved Question:

HOW LONG CAN A NY PROPERTY LIEN STAY ON YOUR PROPERTY?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  RobertJDFL replied 7 years ago.

Thank you for contacting Just Answer with your legal question. I am a licensed attorney, and will be happy to assist you with your question, however, I require some additional information first. Also, you should know that due to site limitations, I cannot always see all of the information you may have entered, so if I ask a redundant question, I apologize in advance.

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?

 

 

Customer: replied 7 years ago.

HI,

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?

Expert:  RobertJDFL replied 7 years ago.

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 a
lien for a longer period than one year after the notice of lien has been
filed, unless
within that time an action is commenced to foreclose the
lien, and a notice of the pendency of such action, whether in a court of
record or in a court not of record, is filed with the county clerk of
the county in which the notice of lien is filed, containing the names of
the parties to the action, the object of the action, a brief description
of the real property affected thereby, and the time of filing the notice
of lien; or unless an extension to such lien, except for a lien on real
property improved or to be improved with a single family dwelling, is
filed with the county clerk of the county in which the notice of lien is
filed 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 of
filing such extension.

 

A lien on realproperty improved or to be improved with a single family dwelling may
only be extended by an order of a court of record, or a judge or justice
thereof. No lien shall be continued by court order for more than one
year from the granting thereof, but a new order and entry may be made in
each 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.

 

Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.

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