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Filing a Lien in New York? Don't Forget the ATS!

Posted by Erin Classen

1/26/18 10:30 AM

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At zlien, we strive to make the mechanics lien process as simple and as easy as possible. In most cases, this means that once you agree to our terms of use, we can act as an authorized agent and sign your documents on your behalf, speeding up the process.

In some states, however, we may need either your original signature or a separate authorization giving us this capability. The latter is the case in New York, which requires lien claimants to provide a document called an Authority to Sign (or ATS) if a third party is preparing the document on their behalf.

WHAT IS AN ATS?

The ATS form is a simple document with which the claimant provides Express Lien, Inc., d/b/a Zlien, the authority to sign the document on its behalf as its authorized representative. It includes the claimant’s information and also lists the address of the property in question.

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how does the process work?

Once you place an order, if an ATS is required, our research team will email the blank form over to you. (Some counties in New York will require an original signature on the ATS, in which case we will mail the form to you with instructions for signing it and then returning it to us.) All you need to do is sign, print your name and title, and then get the form back to us via fax (866-293-3669) or email (reply to the email you received, or email it to mail@zlien.com).

It’s that simple! Once this is signed and returned to us at zlien, we’re able to then sign the lien document itself. We will include the ATS with the lien when we send it to the county for recording.

WHY IS THIS SO IMPORTANT?

Where this ATS is required, counties are generally strict about including it with a lien document. In fact, it’s not uncommon for a recorder’s office to reject a lien or lien release when it does not include this authorization.

Because of this, returning the signed ATS to zlien promptly is critical to the success of your order. Since we also don’t want your order to be delayed, our support team may occasionally reach out if we notice that we’re waiting on an ATS to be returned to us.

The sooner we receive the ATS, the sooner we can send the lien to the county for recording!

Topics: Best Practices