How to Place a Lien on a Home in New York

Step-by-Step Guide to Filing a Property Lien in New York

If you are owed money for work performed on a property, a lien can help secure payment. The process involves several legal steps that must be followed precisely.

Step 1: File a Notice of Lien

Submit a Notice of Lien to the county clerk's office where the property is located. The notice must include:

• Your name (the lienor)
• The property owner's name
• The amount owed
• Description of work or services performed
• Dates the work was performed
• Property address

Step 2: Serve the Notice on the Homeowner

Within 30 days of filing, deliver a copy of the notice to the homeowner either in person or by certified mail with return receipt requested.

Step 3: File a Lis Pendens (If Unpaid)

If the homeowner does not pay within 30 days of service, you may file a Lis Pendens—a public notice of a pending lawsuit against the property. This clouds the title, making it difficult for the owner to sell or refinance.

Step 4: Foreclose on the Property

As a last resort, you can initiate a foreclosure lawsuit to force the sale of the home to satisfy the debt. This requires court action.

Types of Liens

• Mechanic's Lien: Filed by contractors or subcontractors for unpaid labor or materials.
• Judgment Lien: Arises from a court judgment ordering payment.

Priority Rules

Liens generally take priority based on filing date—earlier filings have precedence over later ones.

Note: Lien laws are complex. Consult an experienced attorney to ensure compliance with all requirements.