Friday, October 26, 2012

Assigning a Rochester Mechanic’s Lien: Filing and Notice

Reviewed September 7, 2026.

A filed mechanic’s lien may be assigned before it is discharged. For a private-property lien in Rochester, prepare a written assignment signed and acknowledged by the lienor, identify the assignor and assignee and their residences, and state the lien amount and original filing date. File the assignment where the original lien was filed—normally the Monroe County Clerk for property in that county.

Lien Law § 14 makes filing important to notice and payment protection. Until the assignment is filed, the assignee need not be named as a defendant in a mortgage or lien foreclosure. A qualifying payment to the original lienor made without notice of the assignment and before filing remains effective. The statute otherwise preserves the assignment’s validity despite nonfiling; nonfiling does not automatically erase every assigned right.

Give appropriate written notice, retain proof of filing, and review the underlying claim and enforcement deadlines. Assignment does not itself extend a lien’s duration. Assignment of a filed lien also differs from assigning contract proceeds, which has separate requirements.

Kushnick Pallaci PLLC advises on mechanic’s lien rights and lien enforcement throughout New York. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.

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