New York N.Y. Lien Law §38 provides the statutory mechanism for clearing a mechanic's lien from a parcel of real property: a lien release bond, in a penal sum equal to 110% of lien, substitutes alternate security for the lien itself. We write New York lien release bonds on a same-day basis for property owners, general contractors, lenders, and any party with a recordable interest in the burdened property.
A subcontractor, supplier, or design professional has recorded a mechanic's lien against a parcel of New York real property. The lien clouds title and can delay or terminate a refinance, derail a sale, trigger covenants in a construction loan, or paralyze a project. N.Y. Lien Law §38 provides the immediate statutory remedy: a release bond that substitutes alternate security for the lien itself.
New York uses a 110% multiplier under Lien Law §38 with filing at the county clerk where the lien was filed.
Once the bond is recorded with the county clerk, the lien is released from the property by operation of statute. The lien claimant's only recourse is now against the bond. Any civil action initiated to enforce the lien must be amended to substitute the bond as the subject of suit.
New York mechanic's lien practice is governed by the lien chapter of the state code. The release bond mechanism is codified at N.Y. Lien Law §38. Filing of the bond is with the county clerk; no judicial approval is required as long as the surety has a current certificate of authority and the bond is in the correct statutory form.
New York lien release bonds are written on standard application terms. Three documents start the file: the recorded lien itself (we need the recorded copy with the recorder's stamp), a description of the property and the underlying construction project, and a financial statement appropriate to the bond size.
For bonds under $250,000, the financial statement is typically a one-page personal financial statement from the bond principal. For larger bonds, business financials and project documentation are required. Bonds over $1 million are routinely underwritten and issued; for very large industrial or commercial projects we have written single bonds in the eight-figure range.
The bond is not typically collateralized for principals with conventional financial position. Strong indemnity from the property owner or principal contractor is the usual security. For non-standard files — credit-challenged principals, contested lien amounts, principals whose financials don't comfortably support the penal sum — collateral is available in cash, irrevocable letter of credit, or U.S. Treasury securities. We do not accept real estate as collateral.
Once issued, the bond is filed with the county clerk in the county or filing district where the lien is recorded — not with a court. The principal is required to notice the lienholder of the bond filing within whatever window New York statute prescribes. We provide a notice-of-filing template at issuance.
Send the recorded lien and a description of the property. Our underwriters open the file and respond immediately, 7/52/365. Same-day issuance is standard.