Tuesday, March 15, 2011

Why a Bonded Mechanic’s Lien May Still Appear in a Title Report

Reviewed September 7, 2026.

A properly completed discharge under Lien Law § 19(4) substitutes bond security for the property. It does not erase the historical filing from the public record. A title search may therefore still identify the lien and should be reviewed together with the filed bond and discharge documentation.

The earlier article incorrectly suggested that the lien should never appear in a title report after bonding. The practical question is whether the report treats it as an unresolved encumbrance, accurately records the discharge, or requires additional evidence before the title insurer removes an exception.

Resolve the record before closing

  • Confirm that the bond identifies the correct lien, claimant, amount and property.
  • Obtain the filed undertaking and proof of required service, plus any applicable court order.
  • Check the clerk’s docket and provide the relevant documents to the title company.
  • Ask what, if anything, remains necessary to update the report or satisfy an underwriting requirement.

An application for a bond or payment of a premium alone does not discharge the lien. Likewise, removing a title exception does not decide the underlying debt or automatically release collateral held by the surety. Coordinate the title, bond and litigation records instead of treating them as interchangeable.

Kushnick Pallaci PLLC assists clients throughout New York with mechanic’s lien discharge and title-related lien disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.

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