Void Signature Mechanic's Lien For Free

New York Lien Law § 20 provides that an owner may discharge a mechanic's lien by the payment of money into court. Before a lien foreclosure action is commenced, the discharge is effectuated by depositing with the county clerk a payment equal to the amount claimed in the lien, with interest to the time of the deposit.

No, New York does not require or provide statutory forms for lien waivers. Because the form and content of lien waivers aren't regulated under New York's Lien Laws, careful attention should be given to the actual terms of the waiver to ensure you're not waiving more than intended.

What Is a Lien Waiver? A lien waiver is a written agreement between a payer and a counterparty where said counterparty gives up their right to place a lien on the payer's property or goods.

Indiana mechanics lien law requires parties who do not have a direct contract with the owner to provide preliminary notice. Sending this notice is required in order to preserve their lien rights.

New York Lien Law § 34 provides that any contract, agreement or understanding waiving a right to file or enforce any lien is void as against public policy and wholly unenforceable.

If the contractor isn't paid, he can sue on the contract and record a mechanic's lien. But subcontractors, workers and suppliers don't have a contract with the property owner.

New York prohibits the waiving of lien rights prior to performance. Furthermore, waivers cannot be made in advance of payment, but only with, or after, payment. New York has no requirement that a lien waiver must be notarized. Furthermore, electronic signatures are valid on all lien waivers.