K. How To Enforce A Lien on Real Property
Jurisdiction | New York |
K. How to Enforce a Lien on Real Property
A mechanic's lien on real property may be enforced against the property and against a person liable for the debt upon which the lien is founded.294
A mechanic's lien is intended to be a form of security for the underlying indebtedness. The lienor has acquired an interest in the real property by the fact that he or she has improved its value by furnishing materials and providing his or her labor. This gives the lienor an interest in the property he or she has improved, closely resembling the interest a mortgagee obtains on real property. Therefore, the foreclosure of a mechanic's lien follows closely the proceedings for the foreclosure of a mortgage. Venue for the action is normally in the county where the property is located.295 However, if the parties have agreed to try the case in a county other than where the land is located due to a forum selection clause, the case may be tried in the county specified in the forum selection clause. 296 Venue is not a...
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- II. Private Liens
- A. Purpose of Filing A Mechanic'sLien on A Private Improvement
- B. Type of Work Or Materials For Which A Lien May Be Filed
- C. Who May File A Mechanic'sLien
- D. Contents of the Notice of Lien For A Private Improvement
- E. When To File the Notice of Lien For A Private Improvement
- F. Where To File the Notice of Lien
- G. Service of the Private Notice of Mechanic'sLien
- H. How To Assign A Lien (Private Lien)
- I. How Long Does A Lien Last on A Private Improvement?
- J. How To Discharge A Mechanic'sLien on A Private Improvement
- K. How To Enforce A Lien on Real Property
- L. Priorities of Liens on Private Improvements
- M. Demand Notices Upon Lienor—Private Improvements
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