Westchester County Mechanics’ Liens Lawyers
A lien can be an effective tool for ensuring that property owners pay certain parties like contractors, suppliers, architects and surveyors, that homeowners pay the common charges and maintenance fees due the homeowners association (HOA) or condominium association in which they live and, in some instances, to ensure that brokers are paid the commissions they are due. When not properly prepared or timely filed or otherwise not handled properly, however, the lien can be discharged and the opportunity afforded by this powerful remedy lost. The filing of an illegitimate lien can even subject a party to damages.
Representing Contractors and Property Owners in Mechanics’ Liens Cases
At the law firm of Ginsburg & Redmond, P.C., in Hawthorne, New York, we regularly represent contractors and property owners in Mechanics’ lien cases. These liens are recorded at the county clerk’s office and attach to the title of the property. If a property owner does not pay after receiving notice of such lien, court proceedings can begin to sell the property in order to pay the contractor for its services.
There are many companies that prepare and file liens. Those liens, however, are generally not prepared or reviewed by an attorney and are often subject to challenge. Liens filed against condominiums in particular can be troublesome and easily invalidated if not handled by an experienced attorney.
Our Westchester County Mechanics’ liens attorneys have extensive experience in real estate and construction law and understand the ins and outs of the lien process, including the procedures for bonding and establishing escrows for selling or refinancing property where the lien is in dispute. We can advise you on the proper way to prepare and file a Mechanics’ lien, defend against spurious liens or seek to invalidate defective liens.
Filing and Enforcement of Mechanics’ Liens
When HOA or condominium charges go unpaid by a resident, the HOA or condominium association can file a lien against the homeowner’s property in order to collect unpaid dues at the time the property is sold. The lien is an encumbrance on title to the home and can prevent any attempt to sell or refinance the property unless fully paid. The lien is also usually a violation of most mortgages. If the lien remains unpaid, the condominium association or HOA can undertake a proceeding to enforce the lien and compel the sale of the property.
Our lawyers can advise condominium and HOA boards, management companies and others on their rights in these situations. We are also available to represent property owners who have had a lien wrongfully placed on their property.
Call 914-984-5463 to Contact a Lawyer
To learn more about your rights regarding liens, contact us online to schedule a consultation. We are often able to offer our clients a flat-fee arrangement in conjunction with the preparation and filing of liens.