A mechanic’s lien on a private improvement is good for one year and one year only in New York. Suppose nothing is done to extend a mechanic’s lien before the expiration of the initial one-year period. In that case, the lien on the underlying real property will lapse, and you will no longer have a valid lien. You must take action if you want to extend a mechanic’s lien a second year.
You can extend a mechanic’s lien more than once before you must foreclose on the lien. Otherwise, you lose your valid lien. If you’ve already begun the foreclosure process, then there is no longer a need to extend the lien. If you have not filed a notice of pendency and started to foreclose on the lien and wish to extend the lien for a second year here’s what you need to do.
Extending a Mechanic’s Lien for Another Year
You do not need the court’s permission to file a mechanic’s lien. However, you will a court order to extend the lien beyond the first year.
You must submit an application to extend the lien to the court before the year expires. We suggest submitting the paperwork at least 45-60 days before the lien expires to allow for busy schedules, court closures, and more.
The written application to extend is made ex parte, meaning without notice to the owner of the real property and party that hired you for the job.
You will need to submit additional documents in support of the application. This includes a:
- Petition
- Attorney affirmation
- Client affidavit
- Copy of the lien
- Proposed order to extend the lien (for the judge’s signature)
The paperwork submitted in support of the application needs to be done properly. A mistake could cost you your lien. As part of the petition, affidavit, and affirmation, you will need to state:
- The reason for filing the lien, including any work performed and history of non-payment
- Details regarding the initial lien: When the lien was filed, when it will expire, and whether you received any payment toward the balance
- The reason for wishing to continue the lien
Assuming the paperwork is good and submitted on time, the judge will sign the order thereby extending the lien another year.
Need to continue a lien? Frank, Frank, Goldstein, and Nager has a wealth of experience handling matters related to mechanic’s liens. Contact us to learn more about your options.
