RELEASE OF MECHANICS LIEN

(California)

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 Type

Select One:

☐ FULL UNCONDITIONAL RELEASE
Payment of $[AMOUNT] has been received in full satisfaction of the lien. The undersigned unconditionally releases, discharges, and cancels the mechanics lien described above.

☐ CONDITIONAL RELEASE
Upon receipt by the undersigned of a check from [MAKER OF CHECK] in the sum of $[AMOUNT] payable to [PAYEE(S)], and when the check has been properly endorsed and paid by the bank on which it is drawn, this document shall become effective to release, discharge, and cancel the mechanics lien described above.

☐ PARTIAL RELEASE
Payment of $[PARTIAL AMOUNT] has been received. This release applies only to the portion of the lien equal to $[AMOUNT RELEASED]. The remaining lien amount of $[REMAINING BALANCE] remains in full force and effect.

6. Release Statement

The undersigned Claimant, for good and valuable consideration received, hereby:

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

2. RELINQUISHES all right, title, interest, and claim in and to said lien;

3. CONSENTS to the cancellation and discharge of said lien from the official records of [COUNTY] County, California;

4. AUTHORIZES the County Recorder to release, cancel, and discharge the mechanics lien of record.

7. Certification

I, the undersigned, certify under penalty of perjury under the laws of the State of California that:

• I am authorized to execute this release on behalf of the Claimant;
• The information stated herein is true and correct;
• [For Full Release] The lien has been paid in full and satisfied;
• [For Conditional Release] This release shall become effective only upon actual receipt of cleared funds as described above.

8. Claimant Signature

9. Notary Acknowledgment

(Check with county recorder - may be required for recording)

State of California )
County of [COUNTY] )

On _________________, 20___, before me, ________________________________, a notary public, personally appeared [NAME], who 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________

[NOTARY SEAL]

IMPORTANT CALIFORNIA LEGAL NOTES

Lien Release vs. Lien Waiver

• Lien Release: Cancels an EXISTING RECORDED lien (this document)
• Lien Waiver: Waives the RIGHT to file a lien (use statutory forms per Cal. Civ. Code §§ 8132-8138)

Recording

This release must be recorded with the [COUNTY] County Recorder's Office to remove the lien from the property's title.

Deadline to Release

While California does not impose a statutory deadline to release a lien after payment, failure to release promptly may expose the claimant to liability for damages. Best practice is to record the release within 10 days of receiving payment.

If Claimant Refuses to Release

Property owners have the following remedies under California Civil Code:

1. 10-Day Demand Notice (§ 8482): Owner must first give claimant 10 days' written notice demanding release before petitioning the court.

2. Petition for Release Order (§ 8480-8488): If the claimant fails to respond or release, owner may petition Superior Court for a release order. Court must hold hearing within 30 days and rule within 60 days. Prevailing party entitled to attorney's fees.

3. Mechanics Lien Release Bond (§ 8424): Owner may record a bond equal to 125% of the lien amount with the County Recorder, which immediately releases the property from the lien. The bond then becomes security for the claimant's claim.

Enforcement Deadline

A California mechanics lien must be enforced through a foreclosure action within 90 days from recording (Cal. Civ. Code § 8460). After 90 days without enforcement action, the lien expires and becomes unenforceable, though it may remain on title until formally released.

Fees

Recording fees apply (check with [COUNTY] County Recorder for current fees, typically $15-$50 for the first page plus per-page fees for additional pages).