Home>Levelset Community>Legal Help>Does New York State require contractor lien waivers need to be notarized? I'm working with a lender and for a draw they require lien release for the amount . The first one went through no problem but the second one they rejected saying that NYS requires this so they can not process.

Does New York State require contractor lien waivers need to be notarized? I'm working with a lender and for a draw they require lien release for the amount . The first one went through no problem but the second one they rejected saying that NYS requires this so they can not process.

New YorkLien Waivers

I’m working with lending home who rejected a draw request saying that the contractor lien release needs to be notarized. The first draw release went through no issue and not notarized. Everything thing I read or colleague I talk to says NYS does not require this mike

1 reply

Dec 7, 2017

The distinction between a lien waiver and a lien release is important here - a lien waiver prospectively waives the right to file a lien, while a lien release releases an already filed lien. In New York, lien waivers are not required to be notarized. However, a lien release must be "duly acknowledged or proved and filed in the office where the notice of lien is filed" under § 19 of the New York lien statute.

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