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What is my recourse against an unfair threat of mechanics lien.

New YorkMechanics Lien

I'm the owner of a new condominium apt in NYC. Closing was Feb28,2020. I met the contractor in Feb at my apt. He quoted $10,000. to paint my 668 sq ft apt. stating it required 5 days. I stated it required only 2 days and offered $5000 which I felt was ridiculous but my need was urgent, there had been delay of many months and now the lockdown was imminent, and I was anxious and exhausted.. He insisted on the 5 day quote and I gave in. The job was done in 2 days. It was painted in the wrong color. He now threatens to take out a Mechanics Lien although he failed to stay in touch and I became ill on March 13 the day I moved/ State of Emerg. It took months to recover thru the summer. I am 79. yo.widow. I feel he took advantage of me, essentially scamming me. However I have offered to mediate. In October he unexpectedly accosted me in my lobby, concierge had to grip his arm to steer him away from me. The woman who recommended him has sent me a nasty letter threatening to slander me at the organization through which we met. She said the contractor will be taking out a Mechanics Lien, adding he intends to charge interest. Although I felt quite upset I corrected her accusations politely and ended with a second offer to mediate.

3 replies

Jan 2, 2021

In New York, a mechanic's lien on a single family home (which includes a condominium apartment) has to be filed within four months of the last work on the property. It sounds like this lien would not qualify, and it would likely be rejected by the clerk if an attempt were made to file it.

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Jan 2, 2021

Thank you for your answer to my question. Very much appreciated. I can now breathe a sigh of relief. 

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Jan 20, 2021

The job referred to above was complete March 3, 2020. Although the expiration date for filing a lien is well past 4 months or even 8 months, I have this day, January 20, received a paper notice from NYC Dept of Finance, Office of the City Register, 66 John St., stating that a new document has been recorded against my property. The suggested phone number to call is not helpful without an extension. You are encouraged to fill out a form online. This is my weakness, I don't know where to begin. 

The notice states the following: "if you are not familiar with this document and suspect that it may be fraudulent, please call the New York City Sheriff's Office at (718-610-4426) for further guidance. You may obtain a copy of this document by visiting www.nyc.gov/acris." Below the above statement a box stating location details; Document Type: Correction Deed. 

Please advise. Thank you. 

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