As you may know, a mechanic’s lien is a tool that contractors use to ensure they are properly paid for the work they have performed. But what happens when you as a contractor or sub-contractor still don’t get paid? At that point, you need to move to the next step of foreclosing, or enforcing, that lien. This article highlights a few things you need to know about the lien foreclosure process.
1. A Lien Foreclosure Is a Lawsuit
Simply drawing up a lien doesn’t do much other than indicate to your customer that you’re serious about getting paid. To properly go through the process of obtaining the money you’re contractually owed, you need to prepare a formal complaint and have it served to the necessary parties.
2. Make Sure ALL Information Is Accurate
This seems like common sense, but making sure all of the information in your lien is accurate is of the utmost importance. Having incorrect dates, an improper payment amount, or any discrepancies could invalidate the lien and actually allow the property owner to close the lien without paying you what they owe you.
3. A Foreclosure Action Takes Time
Although a lien foreclosure can certainly help ensure that you get paid, it doesn’t necessarily mean that you’ll get paid quickly. Since you’re filing a lawsuit, you’re getting several different people involved who need to spend time learning about your specific case. With that in mind, it could take 18 months to 2 years (more or less) for a lien foreclosure to be resolved.
4. There Are Alternatives
Sometimes a lien foreclosure isn’t your best option. For example, you can claim a breach of contract, a violation of Lien Law Article 3A, or a violation of New York’s Prompt Payment Act, to name a few. However, it’s always best to consult with an expert before picking which route to take.
5. Trust in the Experts
Don’t try to prepare a foreclosure action by yourself. It’s simply not advisable to go without legal help. You wouldn’t ask a roofer to pave a parking lot, would you? The same principle applies here. You’re an expert contractor, not an expert in New York lien laws and regulations. That’s why it’s important to trust NYLiens LLC with all of your mechanic’s liens. We will walk you through the steps, process all of the necessary paperwork, and make sure you get paid. Best of all, we only charge if your case is lienable.
If you’re considering filing a lien foreclosure, contact NYLiens LLC first. We can help guide you through the process and make sure you’re taking the best course of action on the road to getting the payment you deserve.
NYLiens LLC
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