MECHANICS' LIEN RELEASE

State of Alaska

Governed by Alaska Statutes Title 34, Chapter 35, Article 2 (AS 34.35.050 - 34.35.120)

PART 1: FULL RELEASE AND DISCHARGE OF MECHANICS' LIEN

RECORDING REQUESTED BY:

Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]

WHEN RECORDED, MAIL TO:

Name: [________________________________]
Address: [________________________________]
City/State/ZIP: [________________________________]

FULL RELEASE AND DISCHARGE OF MECHANICS' LIEN

Recording District: [________________________________], Alaska
Original Lien Document Number/Recording Number: [________________________________]
Date of Original Lien Recording: [__/__/____]
Book/Volume: [________] Page: [________]

PROPERTY INFORMATION:

Legal Description of Property:
[________________________________]
[________________________________]
[________________________________]

Street Address (if applicable): [________________________________]
Recording District: [________________________________], Alaska

PARTIES:

ORIGINAL LIEN INFORMATION:

RELEASE STATEMENT

KNOW ALL PERSONS BY THESE PRESENTS:

The undersigned, [________________________________] ("Claimant"), being the holder of that certain Claim of Mechanics' Lien recorded on [__/__/____], as Document/Instrument Number [________________________________], in the Recording District of [________________________________], State of Alaska, against the real property described above, hereby acknowledges and states as follows:

1. Payment Received. Claimant acknowledges receipt of full payment in the amount of $[________________________________] in complete satisfaction of all amounts due and owing under the above-referenced Claim of Mechanics' Lien, including all principal, interest, costs, and any other charges.

2. Full Release. Claimant hereby unconditionally and irrevocably releases, discharges, and cancels the above-referenced Claim of Mechanics' Lien in its entirety. This release extinguishes all lien rights of Claimant against the subject property arising from the work, labor, materials, equipment, or services described in the original Claim of Lien.

3. Authority. The undersigned represents and warrants that he/she/they have full authority to execute this Release and Discharge on behalf of the Claimant, and that no other person or entity has any interest in or claim to the lien being released.

4. No Further Claims. Claimant agrees that it shall make no further claim of lien against the subject property for the work, labor, materials, equipment, or services described in the original Claim of Lien.

5. Recording Authorization. Claimant hereby authorizes and directs the Recording District of [________________________________], Alaska, to record this Full Release and Discharge and to note the satisfaction and discharge of the above-referenced Claim of Mechanics' Lien.

6. Governing Law. This Release is made pursuant to Alaska Statutes Title 34, Chapter 35 (AS 34.35.050 et seq.).

EXECUTION

CLAIMANT / RELEASING PARTY:

Signature: ______________________________
Printed Name: [________________________________]
Title (if applicable): [________________________________]
Date: [__/__/____]

If Claimant is an Entity:

Entity Name: [________________________________]
By: ______________________________
Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

NOTARIZATION

STATE OF ALASKA
Recording District of [________________________________]

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public: ______________________________
My Commission Expires: [__/__/____]
[NOTARY SEAL]

PART 2: PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL RELEASE AND DISCHARGE OF MECHANICS' LIEN

Recording District: [________________________________], Alaska
Original Lien Document Number: [________________________________]
Date of Original Lien Recording: [__/__/____]

The undersigned, [________________________________] ("Claimant"), being the holder of that certain Claim of Mechanics' Lien recorded on [__/__/____], as Document/Instrument Number [________________________________], in the Recording District of [________________________________], State of Alaska, for the original amount of $[________________________________], hereby states:

1. Partial Payment Received. Claimant acknowledges receipt of partial payment in the amount of $[________________________________].

2. Partial Release. Claimant hereby releases and discharges the above-referenced Claim of Mechanics' Lien to the extent of:

☐ Reduction in Amount. The lien amount is hereby reduced from $[________________________________] to $[________________________________]. The lien remains in full force and effect for the remaining balance of $[________________________________].

☐ Release of Portion of Property. The following portion of the property is hereby released from the lien:
[________________________________]
[________________________________]
The lien remains in full force and effect against the remaining property as described in the original Claim of Lien.

3. Remaining Lien. Except as expressly released herein, the above-referenced Claim of Mechanics' Lien remains in full force and effect, and all rights of the Claimant to enforce the remaining lien are expressly reserved.

4. Enforcement Deadline. Claimant acknowledges that under AS 34.35.080, a mechanics' lien does not bind real property for more than six (6) months after the claim of lien is recorded, unless an action to enforce the lien is commenced within that period or a proper extension notice is filed under AS 34.35.085.

CLAIMANT / RELEASING PARTY:

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

[NOTARIZATION REQUIRED - Use notary block from Part 1]

PART 3: RELEASE OF LIEN BY SURETY BOND

RELEASE OF MECHANICS' LIEN BY SUBSTITUTION OF BOND

Pursuant to AS 34.35.068

Recording District: [________________________________], Alaska
Original Lien Document Number: [________________________________]

NOTICE OF BOND IN LIEU OF MECHANICS' LIEN

NOTICE IS HEREBY GIVEN that pursuant to AS 34.35.068, a surety bond has been recorded in lieu of the Claim of Mechanics' Lien described below:

BOND REQUIREMENTS UNDER ALASKA LAW:

Under AS 34.35.068, the owner or contractor may record a bond in the office of the recorder in the district where the claim of lien was recorded, with a penal sum equal to one and one-half times (150%) the amount of the claim of lien, which bond shall guarantee payment of the sum that the lien claimant has claimed, together with the lien claimant's reasonable costs of suit, if the claimant recovers on the claim of lien.

Upon recording of the bond:
- The lien on the real property is released and transferred to the bond
- The property is freed from the claim of lien
- The lien claimant's rights are preserved against the surety bond

CERTIFICATE OF RELEASE BY BOND

This is to certify that the Claim of Mechanics' Lien recorded as Document Number [________________________________] in the Recording District of [________________________________], Alaska, has been released from the real property described therein by the recording of a surety bond pursuant to AS 34.35.068.

The lien claimant's rights are transferred to and secured by Surety Bond Number [________________________________], issued by [________________________________].

Filed by: [________________________________]
Date: [__/__/____]

PART 4: DEMAND FOR RELEASE OF MECHANICS' LIEN

WRITTEN DEMAND TO RELEASE MECHANICS' LIEN

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

To: [________________________________] (Lien Claimant)
Address: [________________________________]
City/State/ZIP: [________________________________]

From: [________________________________] (Property Owner/Interested Party)
Address: [________________________________]
City/State/ZIP: [________________________________]

Re: Demand for Release of Mechanics' Lien
Property: [________________________________]
Recording District: [________________________________], Alaska
Lien Document Number: [________________________________]
Date Recorded: [__/__/____]

Dear [________________________________]:

This letter constitutes a formal demand for the immediate release and discharge of the above-referenced Claim of Mechanics' Lien.

FACTUAL BASIS FOR DEMAND:

☐ The lien claim has been paid in full. Payment in the amount of $[________________________________] was made on [__/__/____] via [________________________________] (check/wire transfer/other).

☐ The lien has expired. Under AS 34.35.080, a mechanics' lien does not bind real property for more than six (6) months after recording, and no enforcement action was commenced and no extension notice was filed within the statutory period. The lien was recorded on [__/__/____], and six months elapsed on [__/__/____] without commencement of an enforcement action.

☐ The lien is invalid. The lien was not properly perfected under Alaska law because: [________________________________]

☐ Other: [________________________________]

DEMAND:

You are hereby demanded to execute and record a full release and discharge of the above-referenced Claim of Mechanics' Lien within ten (10) days of receipt of this demand.

CONSEQUENCES OF FAILURE TO RELEASE:

Please be advised that failure to release an invalid or satisfied mechanics' lien may subject you to liability for:

• Actual damages suffered by the property owner
• Reasonable attorney fees and costs
• Statutory penalties
• Slander of title claims
• Any other remedies available under Alaska law

TENDER OF RECORDING FEES:

Enclosed please find $[________] to cover the recording fee for the Release of Mechanics' Lien.

Sincerely,

Signature: ______________________________
Printed Name: [________________________________]
Date: [__/__/____]

Enclosures:
☐ Copy of original Claim of Lien
☐ Proof of payment (if applicable)
☐ Recording fee
☐ Pre-addressed envelope for Recording District office

PART 5: MOTION TO DISCHARGE / RELEASE MECHANICS' LIEN

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

Case No.: [________________________________]

[________________________________],
Plaintiff/Petitioner,

v.

[________________________________],
Defendant/Respondent.

MOTION TO DISCHARGE AND RELEASE MECHANICS' LIEN

Plaintiff/Petitioner [________________________________] ("Movant"), by and through undersigned counsel, respectfully moves this Court for an Order discharging and releasing the Claim of Mechanics' Lien recorded by [________________________________] ("Lien Claimant"), and in support thereof states as follows:

I. BACKGROUND

1. On or about [__/__/____], Lien Claimant recorded a Claim of Mechanics' Lien as Document Number [________________________________] in the Recording District of [________________________________], Alaska, against real property located at [________________________________] ("Property").

2. The Claim of Lien was recorded in the amount of $[________________________________].

II. GROUNDS FOR DISCHARGE

Movant seeks discharge of the Claim of Mechanics' Lien on the following grounds:

☐ A. Full Payment / Satisfaction. The amounts claimed under the lien have been paid in full. The lien claimant has failed or refused to execute and record a release despite payment and written demand.

☐ B. Lien Expiration. Under AS 34.35.080, a mechanics' lien does not bind real property for more than six (6) months after the claim of lien is recorded unless an enforcement action is commenced within that period. The statutory enforcement period has expired without commencement of an action.

☐ C. Defective Lien. The Claim of Lien is defective and unenforceable because:
☐ It was not recorded within the time required by AS 34.35.070
☐ It fails to contain the information required by statute
☐ The claimant is not a person entitled to claim a lien under AS 34.35.050
☐ Other: [________________________________]

☐ D. Surety Bond Substitution. A surety bond has been posted pursuant to AS 34.35.068 in the amount of $[________________________________], which is equal to one and one-half times the amount of the lien claim, and the lien should be transferred to the bond.

☐ E. Overstated Lien Amount. The amount claimed in the lien exceeds the amount actually due to the lien claimant by $[________________________________].

III. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court:

1. Enter an Order discharging and releasing the above-referenced Claim of Mechanics' Lien;
2. Direct that a certified copy of the Order be recorded in the Recording District of [________________________________], Alaska, to effectuate the discharge;
3. Award Movant reasonable attorney fees and costs incurred in bringing this Motion;
4. Grant such other and further relief as the Court deems just and proper.

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Motion was served upon:

[________________________________]
[________________________________]
[________________________________]

By: ☐ Personal Service ☐ U.S. Mail ☐ Certified Mail ☐ Email (with consent)

Signature: ______________________________
Printed Name: [________________________________]
Alaska Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Email: [________________________________]

RECORDING INSTRUCTIONS AND INFORMATION

Alaska Recording District Information

Alaska uses Recording Districts rather than counties for property recording purposes. There are 34 Recording Districts in Alaska, administered by the Alaska Department of Natural Resources, Division of Mining, Land and Water, Recorder's Office.

State Recorder's Office:
Alaska Department of Natural Resources
550 West 7th Avenue, Suite 1030
Anchorage, AK 99501
Phone: (907) 269-8899

Recording Requirements:
- Documents must be on 8.5" x 11" paper
- Minimum 1-inch margins on all sides
- Black ink required
- All signatures must be original or certified copies
- Notarization is required for mechanics' lien releases
- Recording fees: Check current schedule with the Recorder's Office (fees are subject to change)

Common Recording Districts:
- Anchorage Recording District
- Fairbanks Recording District
- Juneau Recording District
- Kenai Recording District
- Kodiak Recording District
- Matanuska-Susitna Recording District
- Palmer Recording District

ALASKA-SPECIFIC STATUTORY REQUIREMENTS AND PRACTITIONER NOTES

Key Deadlines and Requirements

Practitioner Notes

1. No Statutory Release Deadline for Real Property Liens. Unlike some states, Alaska does not have a specific statutory provision requiring a lien claimant to release a mechanics' lien on real property within a set number of days after payment. However, failure to release a satisfied lien may expose the claimant to liability for slander of title, tortious interference, or other common law claims.

2. Chattel Lien Release Distinguished. AS 34.35.210 addresses release or discharge of liens on chattels (personal property), not real property mechanics' liens. AS 34.35.215 imposes penalties for refusal to discharge chattel liens specifically.

3. Six-Month Enforcement Deadline. Under AS 34.35.080, a mechanics' lien expires if no enforcement action is filed within six months of recording. This is a critical deadline. Once expired, the lien no longer binds the property, and the property owner may seek a court order to formally discharge the expired lien.

4. Bond Substitution. Under AS 34.35.068, a property owner or contractor may record a surety bond equal to 150% of the lien claim amount, which transfers the lien from the real property to the bond. This is the primary statutory mechanism for removing an active lien from the property without consent of the lien claimant.

5. Recording Districts, Not Counties. Alaska does not have counties. All property recordings are made with Recording Districts administered by the Alaska Department of Natural Resources.

6. 120-Day Payment Rule. Under AS 34.35.065, a payment by the owner to a prime contractor or subcontractor made before 120 days from completion of the building is not valid to defeat a lien in favor of other claimants unless the payment is distributed among the other claimants.

7. Notarization. While Alaska statute does not explicitly require notarization of a lien release for real property, it is standard practice and recommended to ensure recordability.

8. Title Insurance Considerations. Title companies typically require a recorded release of lien before removing a mechanics' lien as an exception from title insurance coverage. Ensure the release is properly recorded and a copy is provided to the title company.

SOURCES AND REFERENCES

• Alaska Statutes Title 34, Chapter 35: Liens (AS 34.35.050 - 34.35.120)
• AS 34.35.068: Bond in place of lien
• AS 34.35.080: Duration of lien
• AS 34.35.085: Extension of lien
• Alaska Department of Natural Resources, Recorder's Office: https://dnr.alaska.gov/ssd/recoff/
• Alaska Court System: https://courts.alaska.gov/

This template is provided for informational purposes only by ezel.ai and does not constitute legal advice. Consult a qualified Alaska attorney before using this form. Laws and recording requirements are subject to change.