Mechanic's Lien issue

[adam-44]

What is the name of your state?

[nextwife]

Originally Posted by adam-44

What is the name of your state?

And the ISSUE is . . . . .??? What?

[adam-44]

New york state

[adam-44]

I thought I was clear in my explanation of what is happening. There are two questions attached to this. Did you look at that?

[LindaP777]

Originally Posted by adam-44

There are two questions attached to this. Did you look at that?

Attached??? Where??? How??? I don't see any questions at all in this post.

[lcannister]

There is another post by this poster with hi/her explanation.

[adam-44]

Renovation of an apartment was underway when it was determined that the contractor was overcharging the land owner and not accounting for monies that were paid to him (contractor)

Contractor was subsequently fired shortly thereafter. Contractor filed a Mechanic's lien on said property for $4000.00

It is of great interest to know that this particular contractor was not licensed to do Contracting work in the State of New York and therefore, under the law, is not allowed to file a Mechanic's Lien.

I am sure to this day, he remains unlicensed.

A hearing in small claims court commenced. The Land owner won the case and a judgement in the amount of $2000.00

Soon after, the contractor filed his own case against the land owner, and Resjudicata was claimed. Contractor was a no-show at the hearing, and the land owner won by default.

What remains is the Mechanics Lien which is and still on record at the country clerks office.

The Bond expires next month and we were told to let it die, unless it is renewed by the contractor, which is always possible. If it dies, is a court order necessary to permanently remove it from record in the Supreme Court? Not only that, is the Premium on the bond still in play?