The Lien Foreclosure Complaint... what to include?

OCTOBER 25, 2017

In pleading your foreclosure complaint, there are certain elements you must include.

If you've gotten this far in the process, chances are you are using the services of a lawyer. So this entry is geared toward letting you know what info you need to provide your lawyer (so that he or she doesn't have to bill you looking for it.)

First off, the foreclosure complaint is governed by the Civil Practice Act and its notice pleading requirements. This means generally, that as long as an allegation is made, specific words or wording is not necessary. However, the following elements should be included:

  1. Existence of the contract between the property owner and the general contractor;
  2. The amount to be paid under the general contractor's contract with the owner;
  3. Existence (and a copy) of the contract between you (the lien claimant) and the general contractor (which is the subject of the lien);
  4. That a copy of a notice to contractor has been provided to the owner and contractor (at the time the claim of lien was filed);
  5. That the contract between you (the lien claimant) and the general contractor has been substantially complied with (by you);
  6. That the amount of the claimed lien comes within all or part of the contract between the general contractor and the property owner;
  7. That the claim of lien (with copy attached) was filed within 90 days of the last date materials or labor were provided to the project;
  8. That the lien perfection action was filed within 365 days of the date the claim of lien was filed; and
  9. That a Notice of Commencement (with copy attached) was filed within 30 days of filing the lien perfection action.