Mechanics' Lien Release - Arizona

MECHANICS' LIEN RELEASE

State of Arizona

Arizona mechanics' lien provisions: A.R.S. §§ 33-981, 33-1002, 33-1004, and 33-1006

PART 1: FULL RELEASE AND SATISFACTION OF MECHANICS' LIEN

RECORDING REQUESTED BY:

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

WHEN RECORDED, MAIL TO:

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

FULL RELEASE AND SATISFACTION OF MECHANICS' LIEN

Pursuant to A.R.S. § 33-1006

County of Recording: [________________________________], Arizona
County Recorder's Instrument/Document Number: [________________________________]
Date of Original Lien Recording: [__/__/____]
Original lien docket and page: [________________________________]

PROPERTY INFORMATION:

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

Assessor's Parcel Number (APN): [________________________________]
Street Address (if applicable): [________________________________]
City: [________________________________], Arizona [________]
County: [________________________________]

PARTIES:

ORIGINAL LIEN INFORMATION:

RELEASE AND SATISFACTION STATEMENT

A.R.S. § 33-1006(A) requires a release within 20 days after satisfaction. Subsection (C) provides $1,000 in liability plus actual damages for failure to grant the required release.

KNOW ALL PERSONS BY THESE PRESENTS:

The undersigned, [________________________________] ("Claimant"), being the holder of that certain Notice and Claim of Mechanics' Lien recorded on [__/__/____], as Document Number [________________________________], in the Office of the County Recorder of [________________________________] County, Arizona, 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 $[________________________________] on [__/__/____] in complete satisfaction of all amounts due and owing under the above-referenced Notice and Claim of Mechanics' Lien, including all principal, interest, costs, and any other charges.

2. Full Release and Satisfaction. Claimant hereby unconditionally and irrevocably releases, satisfies, discharges, and cancels the above-referenced Notice and Claim of Mechanics' Lien in its entirety, pursuant to A.R.S. § 33-1006. This release extinguishes all lien rights of Claimant against the subject property arising from the work, labor, materials, equipment, machinery, or professional services described in the original Notice and Claim of Lien.

3. Satisfaction and Release Dates. The lien was satisfied on [__/__/____]. This release is executed on [__/__/____].

4. Authority. The undersigned represents and warrants that he/she/they have full authority to execute this Release and Satisfaction on behalf of the Claimant.

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

6. Recording Authorization. Claimant hereby authorizes the County Recorder of [________________________________] County, Arizona, to record this Full Release and Satisfaction.

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 ARIZONA
COUNTY OF [________________________________]

The foregoing instrument was acknowledged before me this [____] day of [________________________________], 20[____], by [________________________________].

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

PART 2: PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL RELEASE AND SATISFACTION OF MECHANICS' LIEN

County of Recording: [________________________________], Arizona
Original Lien Document Number: [________________________________]
Date of Original Lien Recording: [__/__/____]
Original lien docket and page: [________________________________]

The undersigned, [________________________________] ("Claimant"), being the holder of that certain Notice and Claim of Mechanics' Lien recorded on [__/__/____], as Document Number [________________________________], in the Office of the County Recorder of [________________________________] County, Arizona, for the original amount of $[________________________________], hereby states:

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

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

☐ Reduction in Amount. The lien amount is reduced from $[________________________________] to $[________________________________]. The lien remains claimed for that remaining balance, subject to applicable enforcement deadlines.

☐ Release of Portion of Property. The following portion of the property is hereby released from the lien (including APN if applicable):
[________________________________]
[________________________________]
The lien remains claimed against the remaining property, subject to applicable enforcement deadlines.

3. Remaining Lien. Except as expressly released herein, Claimant reserves the remaining lien rights, subject to applicable statutory limits and enforcement deadlines.

4. Enforcement Deadline. Claimant acknowledges that under A.R.S. § 33-998(A), a mechanics' lien does not continue longer than six (6) months after it is recorded unless an enforcement action is brought and a notice of pendency is recorded within that period. A.R.S. § 12-1191(A) separately requires the lien claimant to file the notice within five days after filing the action or raising the defense.

CLAIMANT / RELEASING PARTY:

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

Notary acknowledgment for recording: Use the block from Part 1.

PART 3: DISCHARGE BY RECORDED SURETY BOND

A.R.S. § 33-1004(A)-(B) permits an owner or listed interested party to discharge a perfected lien by recording a qualifying surety bond and the surety signer’s power of attorney with the county recorder in the property county. The property is discharged when the bond is recorded. The statute does not require a Superior Court filing or approval for that discharge.

Original lien recording number: [________________________________]
Property legal description: [________________________________]
Lien demand: $[________________________________]
Bond amount (150% of lien demand): $[________________________________]
Principal: [________________________________]
Authorized Arizona surety: [________________________________]
Bond recording date and number: [________________________________]

The principal must serve a copy of the recorded bond on the lien claimant within a reasonable time. A pending foreclosure action may require adding the principal and surety; A.R.S. § 33-1004(C)-(F) governs the deadlines, including a separate route if the bond was not served. Record the bond and power of attorney through the county recorder before treating the property as discharged.

PART 4: REQUEST FOR STATUTORY LIEN RELEASE

Date: [__/__/____]

To: [LIENHOLDER NAME AND ADDRESS]

From: [OWNER-OCCUPANT OR PERSON REQUESTING RELEASE; ADDRESS]

Property: [PROPERTY ADDRESS AND LEGAL DESCRIPTION]

Recorded lien: [COUNTY; RECORDING DATE AND NUMBER]

Dear [LIENHOLDER]:

I request a release of the recorded lien identified above for the checked reason:

☐ The lien was satisfied on [__/__/____]. Under A.R.S. § 33-1006(A), a release is due within 20 days after satisfaction. Supporting payment or satisfaction record: [________________________________].

☐ The lien was recorded against my dwelling although I qualified as an owner-occupant before the work and the claimant did not execute a written contract directly with me. This is a lien prohibited by A.R.S. § 33-1002(B). Under A.R.S. § 33-1006(B), a release is due within 20 days after this written request. Facts and supporting records: [________________________________].

Please send the executed release in recordable form to [ADDRESS]. A.R.S. § 33-1006(C) provides liability of $1,000 plus actual damages for failure to grant a required release.

Signature: [________________________________]
Printed name: [________________________________]
Date: [__/__/____]

RECORDING INSTRUCTIONS AND INFORMATION

Arizona County Recorder Information

In Arizona, mechanics' liens and lien releases are recorded with the County Recorder in the county where the property is located.

Before recording: Confirm current document-format, indexing, notarization, and fee requirements with the recorder in the property county. A.R.S. § 33-1006(C) directs that a release be in document form as specified in § 11-480.

ARIZONA STATUTORY REFERENCE

• Satisfied lien: issue a release within 20 days after satisfaction. A.R.S. § 33-1006(A).
• Lien prohibited against an owner-occupant’s dwelling under § 33-1002: issue a release within 20 days after the owner-occupant’s written request. A.R.S. § 33-1006(B).
• Failure to grant a required release: $1,000 plus actual damages. A.R.S. § 33-1006(C).
• Recorded discharge bond: 150% of lien demand, executed by an authorized surety, with the surety signer’s power of attorney; record in the property county. A.R.S. § 33-1004(A)-(B).
• Remaining lien or bond litigation deadlines depend on A.R.S. §§ 33-998 and 33-1004(C)-(F).

SOURCES AND REFERENCES

• Arizona mechanics' lien provisions: §§ 33-981, 33-1002, 33-1004, and 33-1006
• A.R.S. § 33-1004: Discharge of mechanic's liens; bond; limitations
• A.R.S. § 33-1006: Satisfaction and release of lien
• A.R.S. § 33-992.01: Preliminary twenty day notice
• Arizona Registrar of Contractors: https://roc.az.gov/

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