Joining an Existing Mechanic’s Lien Foreclosure After Filing Your Lien

Reviewed September 7, 2026.

If another lienor has already begun foreclosure, filing your own timely lien does not automatically make you a party to that case. Review the pending action promptly and preserve your independent filing, service and enforcement requirements.

Lien Law § 62 permits a lienor who files after commencement of a mechanic’s lien enforcement action to apply, on notice to the plaintiff or its attorney, to be added. The application may be made through the day before trial begins. The original article mistakenly said the day before the action commenced.

Upon good cause, the court orders joinder by amendment and specifies the time and manner for the new party’s pleading. The statute requires the action to proceed without substantial trial delay. A late application should not be treated as a guaranteed extension of the lien itself.

Review more than the joinder motion

• Confirm whether the pending case is a mechanic’s lien foreclosure, a mortgage foreclosure, or another proceeding. Section 62 is not a universal intervention rule for every lawsuit involving property.
• Review lien duration and any existing notices of pendency, extensions and court orders under § 17.
• Assert the necessary claims and requested relief, identify proper parties, and comply with the joinder order.
• Analyze priority, available funds or equity, and whether participation is likely to produce a recovery.

Do not assume another party’s notice of pendency or lawsuit automatically preserves your lien. The pleadings and order matter, as do any later discontinuance, settlement or sale.

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

Attorney Advertising. General information, not legal advice.