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Latest Mechanics Lien Law and News

New York Mechanics Liens: How Hard Are They to Discharge?

After a New York mechanics lien is filed, is there anyway an owner can bring a motion in court to discharge that lien filing before trial? There certainly is, but it is important to understand the limitations. This involves New York lien statute 19(6) which allows the owner to apply for a summary discharge order of the mechanic’s lien in New York. Many think it is a “mini trial” in which the amount of the lien, how much services were ...
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Does a California Mechanic’s Lien Have to be Notarized?

The simple answer is no. For decades, the law requires only that the California mechanic’s lien be verified, which is similar to signing under penalty of perjury. In other words, a California recitation verifying the truth of the statements contained therein. However California mechanics lien law does not require a notary seal. Thus, the applicable California statute reads: Civil Code 8416 (b) A claim of mechanics lien in otherwise proper form, verified and containing the information required in subdivision (a), ...
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Can a Mechanic’s Lien be Filed by a Union for Unpaid Fringe Benefits?

Absolutely not (Well, we will hedge our bet in a moment and talk about one errant case). All such attempts to do so have failed under the theory that the Federal Employee Retirement Income Security Act of 1974 preempts mechanic’s lien law. In other words, it takes precedence over all state laws. This comes from the case of EklecCo v. Iron Workers Locals 40, 170 F 3rd353 (2nd Cir. 1999). The court made it clear that the U.S. Supreme Court ...
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