New York Lien Law
ARTICLE 10-B
LIENS ON SURETY BAIL BONDS
IN FAVOR OF THE
PEOPLE
OF THE STATE OF NEW YORK
Section
246. Notices of filing liens and certificate of discharge.
246-a. Bail bond to act as lien on real estate.
246-b. Notice of lien of bail bond in criminal actions or
proceedings.
247. Files, indexes and entries.
247-a. Indexing of criminal surety bond liens.
247-b. Discretion of recording officer.
247-c. Electronics indexes.
248. Discharge of liens.
249. Fees.
249-a. Form of certificate of transcript of lien.
249-b. Certificate or transcript of discharge of lien.
250.* Definition of recording officer.
251.* Purposes of article.
S 246. Notices of filing liens and certificate of discharge. Notice of
surety bond liens in favor of the people of the state of New York as
provided in section two hundred forty-six of this article and
certificates discharging such liens may be filed in the office of the
recording officer of the county in which real property subject to any
such lien is situated, and if such property be situated in two or more
counties, such notice may be filed in the office of the recording
officer of each of such counties. Until the filing of such notice, such
lien shall not be valid as against any mortgagee, purchaser or judgment
creditor having or claiming any right, title or interest in or to or
lien against such property, or any part thereof.
S 246-a. Bail bond to act as lien on real estate. Upon the execution
of any bail bond and an affidavit of justification as set forth in the
provisions of subdivision four of section 520.20 of the criminal
procedure law, between any person or corporation and the people of the
state of New York, there shall attach to the real property described in
the said affidavit of justification as hereinafter provided, a lien in
favor of the bail bond, which lien shall remain in full force and effect
until a certificate of discharge has been filed pursuant to the
provisions of section two hundred and forty-six or such lien has been
discharged pursuant to the provisions of section two hundred and
forty-eight of the lien law. Whenever final judgment has been rendered
in the criminal action or proceeding for which such bail bond shall have
been executed or whenever the bail has been exonerated by order of the
court, the attorney general of the state of New York or the district
attorney of the county in which such action or proceeding is pending or
maintained, shall execute a certificate of discharge of such lien,
provided it shall appear that the prosecution has lost no right
thereunder.
S 246-b. Notice of lien of bail bond in criminal actions or
proceedings. A notice of lien of bail bond on real estate shall be
filed in the office of the recording officer of the county in which such
real estate given as security in a bail bond in a criminal action or
proceeding is located, or if such property is situated in two or more
counties the notice of lien shall be filed in the office of the
recording officer of each of such counties, the provisions of which
notice of lien shall be entered in a register kept for that purpose
showing the name of the people of the state of New York as lienors and
the names and addresses of the principal and the surety together with
the name of the owner of such real estate and its location according to
block, lot and section on the land map or other similar description and
containing a brief recital of the terms of such bail bond as provided in
article ten-b of the lien law, which said notice shall be substantially
in the following form:
NOTICE OF LIEN.
To ............................................, clerk (or register)
of the county of ............................, and all others whom it
may concern:
Please take notice that ..............................................
1. The people of the state of New York represented by
.............................., attorney general of the state of New
York, (or district attorney of the county of ...............) has and
claims a bail bond lien on the following described real property.
2. The name of the owner of the real property against whose interest
therein a lien is claimed is ........................... and the
interest of the owner so far as known to the lienors is a fee simple
absolute.
3. The name and address of the surety who entered into the undertaking
of bail with the people of the state of New York is
....................... residing at ............... street, in the
borough of ................., city of ............... (or town, village
or county); the name and address of the principal for whom the surety
has entered into such undertaking of bail is residing at
.................... street, in the borough of ..................., city
of ...................... (or town, village or county). The type of
undertaking of bail and the amount thereof is a consolidated bail bond
in the sum of ......................
4. The criminal charge against the principal for which such
undertaking of bail is given is ............................ The date of
such undertaking and place of execution thereof are ..................
19..., at the ..................... court of the county of
.................... (or city, town or village).
5. The property subject to the lien is situated in the borough of
..................., county of .................... city of
......................... It is known as number ...................
street or avenue, and is described as follows:
Description.
Dated, ...................,19 ...................
attorney general of the state of New York
(district attorney of the county of ......)
By ..............................................
assistant attorney general
(assistant district attorney or
deputy assistant district attorney).
State of New York)
) ss.:
County of )
..........................., being duly sworn, says that he is an
assistant attorney general (or assistant district attorney, or deputy
assistant district attorney, as the case may be) in the office of the
honorable ......................, attorney general of the state of New
York (or district attorney of the county of .......................),
the claimant for the people of the state of New York mentioned in the
foregoing notice of lien. That he has read the said notice and knows the
contents thereof and that the statements contained therein are true of
his own knowledge, except as to those matters therein stated to be
alleged upon information and belief and that as to those matters he
believes them to be true.
Sworn to before me this ....day
........., 19...
Notary public.
..........(commissioner of deeds of the city of ...........).
S 247. Files, indexes and entries. The recording officer of each
county shall procure, at the expense of the county, a file to be styled
and labeled "State criminal surety bond lien notices", and an index book
or card index system to be styled and labeled "State criminal surety
bond lien index." When a notice of any such criminal surety bond lien is
presented to him for filing, he shall file it in numerical order in the
file and shall enter it alphabetically in relation to the name of the
principal and the surety and the name of the people of the state of New
York as lienors in the state criminal surety bond lien index. The entry
shall show, in addition to the name of the people of the state of New
York as lienors and the names and addresses of the principal and the
surety, the name of the owner of such real estate and its location
according to block, lot and section on the land map or other similar
description, the criminal charge or character of the proceeding, the
amount of the bond, the name and title of the judge or magistrate
accepting the bond and the date thereof, as well as the name and
location of the court where such bond is filed.
S 247-a. Indexing of criminal surety bond liens. In counties where the
recording officer indexes recorded or filed documents affecting real
estate under a section and block system based on a land map of such a
county, such recording officer shall also index "Criminal Surety Bond
Liens," in the block index of mortgages, by entering the name of the
owner of such real estate in the column labeled and entitled
"Mortgagors" and the words "Criminal Surety Bond Lien" in the column
labeled and entitled "Mortgagees," together with the filing date and the
filing index number of such lien.
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Sec. 247-b. Discretion of recording officer. The recording officer may
also index these liens in any additional manner which in his discretion,
may be essential.
S 247-c. Electronics indexes. A county clerk may adopt a new indexing
system utilizing electro-mechanical, electronic or any other method he
deems suitable for maintaining the indexes.
S 248. Discharge of liens. When a certificate of discharge of any such
surety bond lien, issued by the proper officer, is presented for filing
in the office of the recording officer where the notice of lien is
filed, such officer shall permanently attach the certificate of
discharge to the notice of lien; and shall enter the certificate of
discharge, with the date, in the state criminal surety bond lien index
or card index system on the line where the notice of lien is entered. In
addition, any such surety bond lien shall be discharged as a lien
against the premises set forth therein after the lapse of ten years from
the filing thereof provided however that such surety bond lien shall,
upon the order of a court of competent jurisdiction, be extended beyond
a period of ten years from the date of filing.
S 249. Fees. Neither the attorney-general of the state of New York nor
any district attorney of any county of the state shall be charged a fee
by the recording officer for filing or indexing any such notice of lien,
but the fee to be paid a recording officer for filing and indexing a
certificate of discharge of any such lien on behalf of any other person
shall be two dollars and fifty cents.
S 249-a. Form of certificate of transcript of lien. The recording
officer shall upon request issue a certificate or transcript of any
criminal surety bond lien on file in his office on the following or
substantially similar form, and the fee to be paid to the recording
officer for such certificate or transcript shall be fifty cents, except
that this fee shall not apply to state or county officers as related in
section two hundred forty-nine of the lien law. The certificate or
transcript shall be substantially in the following form:
No. ............. No. ................
STUB STATE OF NEW YORK,
............. COUNTY OF
)
) ss:
)
Ser. No......... I, ................................ Register of the
Date of Criminal said county of ....................................
Surety Bond Lien DO HEREBY CERTIFY, that a certain Criminal
................ Surety Bond Lien, bearing date the ................
................ day of .......................... 19...., made by,
Principal Principals
................ Sureties
Surety ....... and filed in this office on the ...................
Sections ....... day of ...... 19..., in Sections ..................
Blocks.......... Blocks ..................... on the Land Map of the
On Land Map of County of........and known as number ..............
Boro/County of, Street/Avenue, Boro......................N. Y.; the
................ Deed to which Real Property was recorded ..........
Date, .......... on the .....day of 19...., in Liber ...............
Amount of Bail,.....Page .... of Conveyances in the office
of the
Register/County Clerk of the County of ............
and was given as Bail in the amount of ............
and was filed in my office on the .................
day of ... 19...., AND IS NOT DISCHARGED OF RECORD.
Given under my hand and Official
Seal, this..... day of ... 19...
.......................Register
.................Dep`y Register
S 249-b. Certificate or transcript of discharge of lien. The recording
officer shall upon request issue a certificate or transcript of a
certificate of discharge of a criminal bail surety bond lien on file in
his office on the following or substantially similar form, and the fee
to be paid to the recording officer for such certificate or transcript
of discharge shall be fifty cents, except that this fee shall not apply
to state or county officers as related in section two hundred forty-nine
of the lien law. The certificate or transcript form shall be
substantially in the following form:
No.......
STATE OF NEW YORK, )
) ss:
COUNTY OF...........)
I, ................. Register of the county of ............ DO HEREBY
CERTIFY, that a certain Criminal Bail Bond Lien No. ........ dated this
day of ....... 19...., made by .............. Sureties, to the
People of the State of New York as a lien against Real Property, located
in Sections, ........... Blocks ......, known as No. .......
Street/Avenue, in the County of ............., as bail in the amount of
Dollars, and signed by ............... District Attorney of
the County of ................. and filed in my office on the
of .......... 19....., IS DISCHARGED OF RECORD IN THIS
OFFICE.
Given under my hand and Official Seal, this ..... day of ............
19...,
................................. Register.
................................. Dep`y Register.
S 250. Definition of recording officer. Wherever in this article, the
term "recording officer" is used, it shall mean the county clerk of the
county, except that in a county having a register, it shall mean the
register.
S 251. Purposes of article. This article is passed for the purpose of
authorizing the filing of notices of liens in accordance with the
provision of section two hundred forty-six-b of this article.