Mechanic's lien

[Edward S. Feldman]

Facts – client is owner of property under construction.  Subcontractor file a mechanic’s lien in August 2013.  Lien states on its face that the “time when last material was furnished was January 31, 2011.

 

To me the lien is fatally flawed as being filed around a year too late but title company will not insure over for next construction take down.  Any thoughts on why this would be the case?

 

Attorney for lienor is taking the position “go ahead – sue me” knowing that time is important.

 

Any thoughts on an action for “injury to property” or sanctions against attorney?

 

Edward S. Feldman, Esq. Attorney at Law FELDMAN & ASSOCIATES, PLLC 33 East 33rd Street Suite 802 New York, New York 10016 N.J.OFFICE: 318 Bergen Boulevard Palisades Park, New Jersey 07650 efel...@feldmanandassociates.com tel: NJ tel: fax: 212-685-2277 ext 15 201-906-7877 212-725-2798

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[Michael Treybich]

Fastest way to get this done is to bond the lien.

You can then bring a special proceeding by OSC to vacate the lien and depending on County, you can get it done pretty fast.

At the end of the day, it will cost your client (or maybe the GC, depending on their contract), the cost of the undertaking (depending on size of lien) or use of their cash (if they have enough to bond that way), plus the attorneys fees for the special proceeding.

You can probably sue for defamation of title and tortious interference with business relationship.

On Thursday, August 22, 2013 5:33:50 PM UTC-4, Edward S. Feldman wrote:

Facts – client is owner of property under construction.  Subcontractor file a mechanic’s lien in August 2013.  Lien states on its face that the “time when last material was furnished was January 31, 2011.

 

To me the lien is fatally flawed as being filed around a year too late but title company will not insure over for next construction take down.  Any thoughts on why this would be the case?

 

Attorney for lienor is taking the position “go ahead – sue me” knowing that time is important.

 

Any thoughts on an action for “injury to property” or sanctions against attorney?

 

Edward S. Feldman, Esq. Attorney at Law FELDMAN & ASSOCIATES, PLLC 33 East 33rd Street Suite 802 New York, New York 10016 N.J.OFFICE: 318 Bergen Boulevard Palisades Park, New Jersey 07650

efeldman@feldmanandassociates.com

tel: NJ tel: fax: 212-685-2277 ext 15 201-906-7877 212-725-2798