Nassau New York Discharge of Lien by Corporation

Category:

Liens - Construction - Mechanics

State:

New York

County:

Nassau

Control #:

NY-06A-09

Format:

Instant download

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Description

New York law permits a lien, other than a lien for public improvements, to be discharged by the issuing of a certificate, duly acknowledged by the lien holder and filed in the office where the notice of lien was filed.

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FAQ

A discharge of claim of lien is a legal process that releases a property from a lien filed against it. In Nassau New York, a discharge of lien by a corporation is an essential step to clear any claims that might hinder property transactions. This process can prevent potential complications during the sale or refinancing of the property. For a seamless and efficient experience, consider using the US Legal Forms platform to guide you through the Nassau New York discharge of lien by corporation process.

If the company that issued the lien no longer exists, you may have a difficult time retrieving a lien release. Start by collecting documentation related to the lien and contacting the last known address or representatives of the company. In cases like this, obtaining a Nassau New York Discharge of Lien by Corporation can provide legal protection and clarification regarding your property interests.

To find an old lien release, you can search public records at your local county clerk's office or online databases. Gather as much information as possible about the lien, such as dates and the parties involved, to assist in your search. The Nassau New York Discharge of Lien by Corporation may also provide resources to help locate past releases efficiently.

To request a lien removal, you typically need to submit a formal request along with proof of payment or settlement. Contact the lien holder for specific instructions and required forms. Utilizing a Nassau New York Discharge of Lien by Corporation can help facilitate the lien removal process and ensure that all obligations are properly documented.

To get a copy of a lien release in New York, you can contact the office that issued the lien, often a county clerk's office. You may need to fill out a request form and provide identification. A Nassau New York Discharge of Lien by Corporation can ensure that you receive the correct documentation required for your records.

You can request your lien release letter directly from the creditor or entity that issued the lien. Provide necessary details such as the lien number and your identification information to facilitate the request. For streamlined processing, consider using a service specializing in Nassau New York Discharge of Lien by Corporation to support your needs.

After obtaining a lien release, you must apply for a new title through the New York Department of Motor Vehicles (DMV). Provide the lien release documentation and any required identification. Securing a Nassau New York Discharge of Lien by Corporation is critical, as it reaffirms that the debt has been settled before initiating your title application.

To obtain a copy of a lien release from the IRS, you should request it through Form 4506-T or by contacting your local IRS office. Make sure to have your tax identification information ready, as it will expedite the process. Achieving a Nassau New York Discharge of Lien by Corporation will also help clarify your standing with state and local authorities.

To file a lien in New York State, you must gather relevant information about the debt and the party you are filing against. You can then prepare the necessary documents, including a Nassau New York Discharge of Lien by Corporation, to submit to the county clerk. It's essential to follow state guidelines and deadlines, so consider using resources like USLegalForms for assistance.

You can obtain a lien release form from several sources, including legal document preparation services and websites like USLegalForms. This platform provides templates that specifically cater to the Nassau New York Discharge of Lien by Corporation. Ensure you fill out the form completely and accurately before submitting it to the appropriate county office.

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Discharge of Lien by Corporation

Note: This summary is not intended to be an all inclusive discussion of New York's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

New York law permits "A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent, contractor or subcontractor, and any trust fund to which benefits and wage supplements are due or payable for the benefit of such laborers, to have a lien for the principal and interest, of the value, or the agreed price, of such labor, including benefits and wage supplements due or payable for the benefit of any laborer, or materials upon the real property improved or to be improved and upon such improvement, from the time of filing a notice of such lien..." N.Y. Lien Law Â§3.

How long does a party have to file a lien?

A notice of lien may be filed at anytime during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished; provided, however, that where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished. N.Y. Lien Law Â§10.

What kind of notice is required prior to filing a lien?

"Within five days before or thirty days after filing the notice of lien, the lienor shall serve a copy of such notice upon the owner, if a natural person, (a) by delivering the same to him personally, or if the owner cannot be found, to his agent or attorney, or (b) by leaving it at his last known place of residence in the city or town in which the real property or some part thereof is situated, with a person of suitable age and discretion, or (c) by registered or certified mail addressed to his last known place of residence, or (d) if such owner has no such residence in such city or town, or cannot be found, and he has no agent or attorney, by affixing a copy thereof conspicuously on such property, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon; if the owner be a corporation, said service shall be made (i) by delivering such copy to and leaving the same with the president, vice-president, secretary or clerk to the corporation, the cashier, treasurer or a director or managing agent thereof, personally, within the state, or (ii) if such officer cannot be found within the state by affixing a copy thereof conspicuously on such property between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, or (iii) by registered or certified mail addressed to its last known place of business. Failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien." N.Y. Lien Law Â§10.

How long is a lien good for?

"Any lien created under New York law shall be a lien for a period longer than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, ..." or the appropriate steps are taken to request that the court grant an extension. N.Y. Lien Law Â§17.

Are liens assignable?

Yes. New York statutes provide for the assignment of valid liens. The assignment must be in writing and acknowledged by the lien holder. N.Y. Lien Law Â§13.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. A contractor working on a public improvement may issue a written demand that a state agency provide a notice of completion and acceptance. Also, a subcontractor or other party who furnishes labor and or materials for the improvement of property may issue a demand to the owner or contractor demanding that the owner or contractor provide a statement of the terms of the contract between the owner and the contractor.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Under New York law a property owner whose property has been the subject of a notice of lien may demand in writing that the lien claimant provide an itemized statement of the labor and/or materials provided and their value.

Does this State require a notice prior to starting work, or after work has been completed?

No. New York statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. New York statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. New York statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

A lien claimed under New York law may be discharged by the issuing of a certificate by the lien holder, filed in the court where the lien notice was filed, acknowledging the satisfaction and release of said lien. Otherwise, the lien will dissolve automatically within one year of filing if no legal action is taken to foreclose on said lien.

Does this State permit the use of a bond to release a lien?

Yes. New York law permits a party with an interest in the property in question to file a bond in the amount unpaid under the contract.