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New YorkConstruction ContractMechanics Lien

I sent notice of contactor lien and the owner of the property didn't sign the certified mail what do I do now to move forward

2 replies

Feb 17, 2023

Are you referring to the certified mail from when you served the notice of lien? Failure to sign a return receipt shouldn't matter, as long as you complied with the other service requirements in the Lien Law. Your next step is to foreclose the lien (assuming the owner doesn't voluntarily satisfy the lien). Please contact me if you wish to discuss your options.  

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Feb 17, 2023

Mr. Pollina is correct, while it is better that a certified mailing be signed, it is not a defense on the part of the Owner to fail to answer the door, reject service or otherwise. So long as the notice of mechanic's lien was properly served pursuant to statute, you should be fine, make sure you have all proofs required for proper service. 

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