Mechanics Lien Release (Recorded Lien Cancellation) - California

RELEASE OF MECHANICS LIEN

(California — Claimant's Voluntary Full Release of Recorded Lien)

DO NOT USE THIS FORM AS A PAYMENT WAIVER. California's conditional and unconditional progress- and final-payment waivers are the statutory forms under Civil Code §§ 8132, 8134, 8136, and 8138. This instrument instead addresses one mechanics lien that has already been recorded. Do not record it until California counsel confirms that the claimant is giving a full, presently effective release.

RECORDING REQUESTED BY:
[NAME]

WHEN RECORDED MAIL TO:
[NAME]
[ADDRESS]
[CITY, CA ZIP]

SPACE ABOVE THIS LINE FOR RECORDER'S USE

RELEASE OF MECHANICS LIEN

1. Original Lien Recording Information

2. Property Information

3. Parties

4. Original Lien Information

5. Release Basis

Basis for full release: [PAYMENT IN FULL / SETTLEMENT / DUPLICATE OR ERRONEOUS RECORDING / OTHER BASIS REVIEWED BY COUNSEL]

Date the release basis was satisfied: [DATE]

Consideration or settlement reference, if counsel approves disclosure: [DESCRIPTION / NOT STATED IN RECORDED INSTRUMENT]

This form is only for a full, presently effective release of the identified recorded lien. Use a separately drafted instrument for a partial property release, partial amount release, disputed reservation, escrow condition, or future payment condition.

6. Release Statement

The undersigned Claimant, acting through the authorized signer identified below, hereby:

1. RELEASES, DISCHARGES, AND CANCELS the mechanics lien described above recorded against the Property;

2. RELINQUISHES the Claimant's rights under the identified recorded claim of lien;

3. CONSENTS to recordation of this release in the Official Records of [COUNTY] County, California; and

4. REQUESTS that title and recording records reflect the release of the identified claim of lien.

This instrument does not release any different claimant's lien, any different recorded instrument, or any claim or right not included in the identified claim of lien, except to the extent California law gives this recorded release a broader effect. Counsel must revise this scope if the settlement requires additional releases.

7. Signer Authority and Recording Review

Before signing, confirm each item:

• ☐ The Claimant's legal name exactly matches the recorded claim of lien or the release explains a documented successor or name change.
• ☐ The signer has current authority to bind the Claimant.
• ☐ The recording date, instrument number, county, property, and legal description identify the correct lien.
• ☐ The release basis is complete and no payment or escrow condition remains outstanding.
• ☐ Counsel has checked for a pending foreclosure action, notice of pendency, assignment, bankruptcy issue, or settlement term requiring a different instrument.
• ☐ The recording county and title company have approved the formatting, return address, acknowledgment, exhibits, and fee handling.

8. Claimant Signature

9. Acknowledgment and Exhibits

Attach a current California acknowledgment certificate completed by the notarial officer if required for recordation. Do not use an abbreviated or hand-copied certificate without recorder and notary review.

• ☐ Current acknowledgment certificate attached.
• ☐ Exhibit A legal description attached, if used.
• ☐ Other recorder-required cover sheet or declaration attached: [DESCRIPTION].

IMPORTANT CALIFORNIA LEGAL NOTES

Recorded Release vs. Statutory Payment Waiver

This form releases one existing recorded lien. It is not one of the conditional or unconditional payment waiver and release forms under Civil Code §§ 8132-8138. CSLB states that those payment waivers must substantially follow the statutory forms. A release obtained from one claimant also does not establish that other potential claimants have been paid.

Enforcement Period and Expired Liens

Civil Code § 8460 generally requires a claimant to commence a lien-enforcement action within 90 days after recording. The current statute also addresses extensions of credit, so do not assume expiration from the recording date alone. CSLB warns that an invalid or expired lien can remain in county and title records until action is taken to remove it.

Owner Demand and Court Petition

If the claimant will not execute and record a release, this private form does not let the owner sign for the claimant. Section 8480 permits an owner or owner of an interest to petition after the § 8460 enforcement period has expired without an action. Sections 8482 and 8484 require a compliant demand at least 10 days before filing and detailed verified allegations, including a certified lien copy, recording data, legal description, extension status, demand facts, pending-action status, and bankruptcy or other restraint information. Use a separate attorney-prepared petition and current local procedures.

Recording Completion

After the county accepts this release, obtain the recording date and instrument number below and deliver a conformed copy to the owner, title company, escrow holder, claimant, and any other person required by the settlement or closing instructions.