can we put the cost of the lien in the lien or the back finance charges
1 week ago
can we put the cost of the lien in the lien and the back finance charges.
Answered 1 week ago
1372 Answered Questions
Legal Associate zlien
That's a great question. New York, like many states, limits the amount of a lien claim to the amount that's owed but unpaid for work performed. By including amounts that exceed what's owed for work performed and unpaid, a lien claimant could actually run the chance of their lien being considered exaggerated - and that could lead to the loss of the claim and potentially further liability. Of course, if the dispute ultimately does result in legal action, it's always possible for a lien claimant to recover things like attorney fees, filing costs and fees, and interest payments. Further, when negotiating the release of the lien claim, it's always possible for the claimant to try and compel payment of things like filing costs and interest fees. We've discussed the issue on the zlien blog: New York Rules On What Is A Fictitious Lien. For more information on New York's mechanics lien rules, this resource should be valuable: New York Lien & Notice Overview.
Other Answered Questions
RE: Mechanics Lien filed in State of New Mexico. Thank you for the response of New Mexico not requiring notice to listed parties of a lien being filed. My question is more directed to ” Is it to MY benefit to send “certified mail” notices to listed parties after there has been notices sent out regular mail? I was under the impression the service I used was going to send them certified but only sent them first class.
1 day ago
Mechanic’s Lien Rights – We worked as a sub-contractor under a General Contractor on a project, and the General Contractor had us sign a unconditional waiver and release on final payment form even though we have not been paid anything on the entire project yet. I have the document we signed, does that waive our rights to file a mechanics lien. I have an email stating that from the GC, and we wrote on the unconditional waiver that they owe us the total dollar amount.
1 day ago