Title LIE, Lien

§ 20. Discharge of lien after notice of lien filed by payment of money\ninto court. A lien specified in this article, other than a lien for\nperforming labor or furnishing materials for a public improvement, may\nbe discharged after the notice of lien is filed at any time before…

§ 200. Sale of personal property to satisfy a lien. A lien against\npersonal property, other than the lien of a warehouse pursuant to\nsection 7--209 of the uniform commercial code, the lien of a carrier\npursuant to section 7--307 of the uniform commercial code, a security\nint…

§ 201. Notice of sale. Before such sale is held the lienor shall serve\na notice upon the owner with due diligence within such county, if such\nowner can be found where such lien arose, if not then to the person for\nwhose account the same is then held personally, provided such …

§ 201-a. Proceeding to determine validity of liens. Within ten days\nafter service of the notice of sale, the owner or any person entitled to\nnotice pursuant to section two hundred one of this article may commence\na special proceeding to determine the validity of the lien. The…

§ 202. Sale to be advertised; exception. 1. Each sale of personal\nproperty of a value of one hundred dollars or more, or of any security,\nto satisfy a lien thereon shall be at public auction to the highest\nbidder, and shall be held in the city or town where the lien was\nacqu…

§ 202-a. Sale of a security. A description of a security, as such term\nis defined in section two hundred two, substantially similar to the\ndescription specified in said section shall, in the absence of agreement\nto the contrary and unless otherwise provided by statute, be dee…

§ 202-b. Pledgee may buy at public sale. Unless the pledge agreement\notherwise provides, in all cases where a pledgee may lawfully sell\npledged property and the property is sold at public sale, the pledgee,\nor his assignee or the legal representative of either, may fairly and…

§ 203. Redemption before sale. At any time before such property is so\nsold, the owner thereof or any person entitled to notice of sale\npursuant to section two hundred one of this article may redeem the\nproperty by paying to the lienor the amount due on account of the lien,\na…

§ 204. Disposition of proceeds. Of the proceeds of such sale, the\nlienor shall retain an amount sufficient to satisfy his lien, and the\nexpenses of advertisement and sale. The balance of such proceeds, if\nany, shall be held by the lienor subject to the demand of the owner, or…

§ 205. Remedy not exclusive. The preceding provisions of this article\ndo not preclude any other remedy by action or otherwise, now existing,\nfor the enforcement of a lien against personal property, or bar the\nright to recover so much of the debt as shall not be paid by the\np…

§ 206. Enforcement by action; when and in what courts; procedure in\naction to foreclose real property mortgage applicable in actions to\nforeclose a mortgage or other lien. An action may be maintained to\nforeclose a lien upon a chattel, for a sum of money, in any case where\ns…

§ 207. Warrant to seize chattel; proceedings thereupon. If the\nplaintiff is not in possession of the chattel, a warrant may be granted\nby the court, or a judge thereof, commanding the sheriff, or such\nenforcement officer as is provided by law to execute the mandates of the\np…

§ 208. Judgment. In an action brought in a court specified in the last\nsection, final judgment, in favor of the plaintiff, must specify the\namount of the lien or the monetary obligation secured by the security\ninterest, and direct a sale of the chattel to satisfy the same and…

§ 209. Action in inferior court. Where the action is brought in a\ncourt, other than one of those specified in section two hundred and\nseven, if the plaintiff is not in possession of the chattel, a warrant,\ncommanding the proper officer to seize the chattel, and safely keep it…

§ 21. Discharge of lien for public improvement. A lien against the\namount due or to become due a contractor from the state or a public\ncorporation for the construction or demolition of a public improvement\nmay be discharged as follows:\n 1. By filing a certificate of the lien…

§ 21-a. Vacating lien for a public improvement, by order of court. A\nlien against the amount due or to become due a contractor from the state\nor a public corporation, for the construction or demolition of a public\nimprovement, may be vacated and canceled by an order of the su…

§ 210. Application. Sections two hundred and six to two hundred nine\ninclusive do not affect any existing right or remedy to foreclose or\nsatisfy a lien upon, or a security interest in a chattel, without\naction; and they do not apply to a case, where another mode of enforcing…

§ 211. Arrears/past due support. 1. The New York state office of\ntemporary and disability assistance, or a local social services\ndistrict, or its authorized representative on behalf of persons\nreceiving services under title six-A of article three of the social\nservices law s…

§ 22. Building loan contract. A building loan contract either with or\nwithout the sale of land, and any modification thereof, must be in\nwriting and duly acknowledged, and must contain a true statement under\noath, verified by the borrower, showing the consideration paid, or t…

§ 23. Construction of article. This article is to be construed\nliberally to secure the beneficial interests and purposes thereof. A\nsubstantial compliance with its several provisions shall be sufficient\nfor the validity of a lien and to give jurisdiction to the courts to\nenf…

§ 24. Enforcement of mechanic's lien. The mechanics' liens specified\nin this article may be enforced against the property specified in the\nnotice of lien and which is subject thereto and against any person\nliable for the debt upon which the lien is founded, as prescribed in\n…

§ 240. Place of filing notices of liens and certificates and notices\naffecting such liens. 1. Notices of liens upon real property for taxes\npayable to the United States of America or otherwise created by federal\nlaw in favor of the United States of America or one or more of i…

§ 241. Files, indexes, and entries. 1. When a notice of federal lien\nor a notice of revocation of any certificate described in subdivision\none of section two hundred forty-two is presented to the secretary of\nstate for filing, he or she shall cause such notice to be marked or…

§ 242. Non-attachment, release, discharge and subordination of liens.\n1. When a certificate of release, non-attachment, discharge or\nsubordination of any federal lien is presented for filing in the office\nof the secretary of state, he or she shall\n (a) cause a certificate of…

§ 243. Fees. The fee to be paid to the secretary of state or a clerk\nor register for filing and indexing each notice of lien or certificate\nor notice affecting any such lien shall be determined in accordance with\nthe provisions of section ninety-six-a of the executive law. Su…

§ 244. Execution of notices and certificates. Certification by the\nsecretary of the treasury of the United States or his delegate of\nnotices of liens or certificates or notices affecting such liens\nentitles them to be filed. No other attestation, certification or\nacknowledgm…

§ 245. Purpose of article. This article is passed for the purpose of\nauthorizing the filing of notices of liens in accordance with the\nprovisions of the statutes of the United States of America applicable\nthereto.\n

§ 246. Notices of filing liens and certificate of discharge. Notice of\nsurety bond liens in favor of the people of the state of New York as\nprovided in section two hundred forty-six of this article and\ncertificates discharging such liens may be filed in the office of the\nrec…

§ 246-a. Bail bond to act as lien on real estate. Upon the execution\nof any bail bond and an affidavit of justification as set forth in the\nprovisions of subdivision four of section 520.20 of the criminal\nprocedure law, between any person or corporation and the people of the\…

§ 246-b. Notice of lien of bail bond in criminal actions or\nproceedings. A notice of lien of bail bond on real estate shall be\nfiled in the office of the recording officer of the county in which such\nreal estate given as security in a bail bond in a criminal action or\nprocee…

§ 247. Files, indexes and entries. The recording officer of each\ncounty shall procure, at the expense of the county, a file to be styled\nand labeled "State criminal surety bond lien notices", and an index book\nor card index system to be styled and labeled "State criminal sure…

§ 247-a. Indexing of criminal surety bond liens. In counties where the\nrecording officer indexes recorded or filed documents affecting real\nestate under a section and block system based on a land map of such a\ncounty, such recording officer shall also index "Criminal Surety B…

§ 247-b. Discretion of recording officer. The recording officer may\nalso index these liens in any additional manner which in his discretion,\nmay be essential.\n

§ 247-c. Electronics indexes. A county clerk may adopt a new indexing\nsystem utilizing electro-mechanical, electronic or any other method he\ndeems suitable for maintaining the indexes.\n

§ 248. Discharge of liens. When a certificate of discharge of any such\nsurety bond lien, issued by the proper officer, is presented for filing\nin the office of the recording officer where the notice of lien is\nfiled, such officer shall permanently attach the certificate of\nd…

§ 249. Fees. Neither the attorney-general of the state of New York nor\nany district attorney of any county of the state shall be charged a fee\nby the recording officer for filing or indexing any such notice of lien,\nbut the fee to be paid a recording officer for filing and in…

§ 249-a. Form of certificate of transcript of lien. The recording\nofficer shall upon request issue a certificate or transcript of any\ncriminal surety bond lien on file in his office on the following or\nsubstantially similar form, and the fee to be paid to the recording\noffic…

§ 249-b. Certificate or transcript of discharge of lien. The recording\nofficer shall upon request issue a certificate or transcript of a\ncertificate of discharge of a criminal bail surety bond lien on file in\nhis office on the following or substantially similar form, and the …

§ 25. Priority of liens and assignments under contracts for public\nimprovements. Parity of liens of same class. In an action to enforce a\nlien under a contract for a public improvement, or an assignment of\nmoneys, or any part thereof, due or to become due under such contract,…

* § 250. Laws repealed. Of the laws enumerated in the schedule hereto\nannexed, that portion specified in the last column is hereby repealed.\n * NB There are 2 § 250's\n

* § 250. Definition of recording officer. Wherever in this article,\nthe term "recording officer" is used, it shall mean the county clerk of\nthe county, except that in a county having a register, it shall mean the\nregister.\n * NB There are 2 § 250's\n

* § 251. When to take effect. This chapter shall take effect\nimmediately.\n * NB There are 2 § 251's\n

* § 251. Purposes of article. This article is passed for the purpose\nof authorizing the filing of notices of liens in accordance with the\nprovision of section two hundred forty-six-b of this article.\n * NB There are 2 § 251's\n

§ 26. Subordination of liens after agreement with owner. In case an\nowner of real property shall execute to one or more persons, or a\ncorporation, as trustee or trustees, a bond and mortgage or a note and\nmortgage affecting such property in whole or in part, or an assignment\…

§ 28. Lien of certain judgments postponed. Upon the filing of the\nwritten instrument or instruments of approval under section twenty-six\nof this article, the lien of all money judgments and attachments\naffecting such real property, or the moneys due under a contract, and\nall…

§ 29. Subordination of liens to subsequent mortgage. In case an owner\nof real property upon which an improvement is being or has been made,\ndesires to obtain a loan by executing and delivering a bond or bonds or\nnote or notes secured by a mortgage upon such real property, or …

§ 3. Mechanic's lien on real property. A contractor, subcontractor,\nlaborer, materialman, landscape gardener, nurseryman or person or\ncorporation selling fruit or ornamental trees, roses, shrubbery, vines\nand small fruits, who performs labor or furnishes materials for the\nim…

§ 30. Subordination of notices of lis pendens. In case of\nsubordination pursuant to the provisions of sections twenty-six,\ntwenty-eight or twenty-nine of this article all actions and proceedings\nupon such mechanics' liens and all notices of pendency of actions in any\naction …

§ 31. Discharge of liens on sale of real property. In case an owner of\nreal property upon which an improvement is being or has been made,\ndesires to convey or transfer an interest in such real property or any\npart thereof, and in case lienors having mechanics' liens against s…

§ 32. Certain liens and claims not to be affected. The amendments\ncontained in this act shall not apply to mechanics' liens, building loan\ncontracts, mortgages, assignments and orders referred to in section\nfifteen, attachments, judgments, or to claims or liens acquired in an…