K. How To Enforce A Lien on Real Property

JurisdictionNew 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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