Showing posts with label Lien Foreclosure. Show all posts
Showing posts with label Lien Foreclosure. Show all posts

Sunday, May 12, 2013

How Do I Enforce a Mechanic’s Lien in Rochester?

Reviewed September 7, 2026.

A mechanic’s lien on a Rochester project does not automatically produce payment. The claim may be settled, or the lienholder may need to bring a foreclosure action to establish the debt and enforce a valid lien. On private property, a successful foreclosure can lead to a judicial sale; public-improvement and bonded liens involve different security.

Before starting an enforcement action

  • Collect the contract, changes, invoices, payment records, lien and filing/service proofs.
  • Have counsel assess the lien’s validity, available security, defenses and the parties that must be named.
  • Check the current expiration date and any statutory demand requiring earlier action. Lien Law § 17 generally gives a private lien one year from filing unless properly continued or enforced; special rules apply to single-family liens and bonded liens.
  • Evaluate likely recovery, litigation expense and settlement options before committing to a lawsuit. A title search and priority review may show that available proceeds are limited.

Do not assume that a demand letter or an ordinary contract lawsuit by itself preserves lien rights. Required foreclosure, notice-of-pendency or extension steps depend on the lien and must be taken on time.

Kushnick Pallaci PLLC handles mechanic’s lien enforcement and defense throughout New York from its Long Island and New York City offices. Call 631-752-7100 or email vtp@kushnicklaw.com. See the current office contact information.

Attorney Advertising. General information, not legal advice.