N.Y. Lien Law 242 – Non-attachment, release, discharge and subordination of liens
§ 242. Non-attachment, release, discharge and subordination of liens. 1. When a certificate of release, non-attachment, discharge or subordination of any federal lien is presented for filing in the office of the secretary of state, he or she shall
Terms Used In N.Y. Lien Law 242
- Lien: A claim against real or personal property in satisfaction of a debt.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(a) cause a certificate of release or non-attachment to be marked or assigned a consecutive file number, held and indexed as if such certificate were a termination statement within the meaning of the uniform commercial code, except that the notice of lien to which such certificate relates shall not be removed from the files or purged from the computerized system for a period of three years, and
(b) cause a certificate of discharge or subordination to be held, marked or assigned a consecutive file number and indexed as if such certificate were a release of collateral within the meaning of the uniform commercial code.
An acceptable alternative to filing such certificate of release, non-attachment, discharge or subordination in a paper format shall be filing of such certificate by computerized methods established by the secretary of state such that each certificate shall constitute a unique computerized informational record and each such record shall be assigned a consecutive file number, held and indexed as if such were a termination or release as the case may require within the meaning of the uniform commercial code.
2. When any such certificate, or a notice of revocation of any such certificate, is presented for filing in the office of the city register of the city of New York or the county clerk where the notice of lien is filed, such officer shall permanently attach the certificate to the notice of lien; and shall enter the certificate or notice, with the date, in the federal lien index or card index system or computerized index system on the line where the notice of lien is entered.