A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In New York, a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is the mechanic's lien, which contractors, subcontractors, or material suppliers can file against a property where they have provided labor or materials but have not been paid. This lien must be filed within eight months of the last date of work or delivery of materials for private projects, or within four months for public projects. Another type is a homeowners' association (HOA) lien, which can be placed on a property for unpaid association dues or assessments. New York law outlines specific procedures for filing and enforcing liens, including required notices and timeframes. Failure to follow these procedures can invalidate the lien. Creditors must enforce their lien through foreclosure, and New York has a judicial foreclosure process, meaning the creditor must go through the court to enforce the lien and sell the property. It's important for property owners and creditors to understand their rights and obligations under New York's lien laws to ensure proper legal standing.