Mechanics' Lien Release

MECHANICS' LIEN RELEASE

State of Connecticut

Governed by Connecticut General Statutes Title 49, Chapter 847 (C.G.S. § 49-33 et seq.)

IMPORTANT NOTE: Connecticut mechanics' lien law is unique in several respects. Mechanics' liens in Connecticut are filed on the land records of the town (not county) where the property is located. Connecticut does not have a specific statutory deadline requiring a lien claimant to release a satisfied mechanics' lien. However, Connecticut provides robust procedures for discharge by application to the court (§ 49-35a) and dissolution by substitution of bond (§ 49-37).

PART 1: FULL RELEASE OF MECHANICS' LIEN

FOR RECORDING ON THE LAND RECORDS OF THE TOWN OF [________________________________], CONNECTICUT

Return to:

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

RELEASE AND DISCHARGE OF MECHANICS' LIEN

Town of Recording: [________________________________], Connecticut
Original Lien Certificate Volume: [________] Page: [________]
Date of Original Lien Filing: [__/__/____]

PROPERTY INFORMATION:

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

Street Address: [________________________________]
Town: [________________________________], Connecticut [________]
County (Judicial District): [________________________________]

PARTIES:

ORIGINAL LIEN INFORMATION:

RELEASE STATEMENT

KNOW ALL PERSONS BY THESE PRESENTS:

The undersigned, [________________________________] ("Lienor"), being the holder of that certain mechanic's lien certificate filed on [__/__/____], recorded in Volume [________], Page [________], on the land records of the Town of [________________________________], Connecticut, against the real property described above, hereby acknowledges and states as follows:

1. Payment Received. Lienor acknowledges receipt of full payment in the amount of $[________________________________] on [__/__/____] in complete satisfaction of all amounts due and owing under the above-referenced mechanic's lien, including all principal, interest, costs, and any other charges.

2. Full Release and Discharge. Lienor hereby unconditionally and irrevocably releases, discharges, and cancels the above-referenced mechanic's lien in its entirety. This release extinguishes all lien rights of the Lienor against the subject property.

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

4. No Further Claims. Lienor shall make no further lien claim against the subject property for the services, materials, or labor described in the original mechanic's lien certificate.

5. Recording Authorization. Lienor hereby authorizes the Town Clerk of [________________________________], Connecticut, to record this Release on the land records.

6. Governing Law. This Release is made under C.G.S. Chapter 847 (§ 49-33 et seq.).

EXECUTION

LIENOR / RELEASING PARTY:

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

If Lienor is an Entity:

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

ATTESTING WITNESSES:

Witness 1 Signature: ______________________________
Printed Name: [________________________________]

Witness 2 Signature: ______________________________
Printed Name: [________________________________]

ACKNOWLEDGMENT

STATE OF CONNECTICUT
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me, the undersigned officer, personally appeared [________________________________], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand.

Officer authorized to take acknowledgment: ______________________________
My Commission Expires: [__/__/____]

PART 2: PARTIAL RELEASE OF MECHANICS' LIEN

Form gate: Section 49-9 expressly supplies a form for releasing a mechanic's lien, while its partial-release subsection addresses mortgages. Connecticut counsel must confirm the form and recordability of any partial mechanic's-lien release before use.

PARTIAL RELEASE AND DISCHARGE OF MECHANICS' LIEN

Town of Recording: [________________________________], Connecticut
Original Lien Certificate Volume: [________] Page: [________]
Date of Original Lien Filing: [__/__/____]

The undersigned, [________________________________] ("Lienor"), being the holder of that certain mechanic's lien certificate filed on [__/__/____], recorded in Volume [________], Page [________], on the land records of the Town of [________________________________], Connecticut, for the original amount of $[________________________________], hereby states:

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

2. Partial Release. Lienor hereby releases and discharges the above-referenced mechanic's 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.

3. Remaining Lien. Except as expressly released herein, the above-referenced mechanic's lien remains in full force and effect. All rights to enforce the lien for the remaining amount, including the right to foreclose subject to C.G.S. § 49-39, are expressly reserved.

4. Foreclosure Deadline. Under C.G.S. § 49-39, preserving the lien generally requires commencement of foreclosure and recording a notice of lis pendens within one year from recording, subject to the statute's later 60-day period following final disposition of a § 49-35a application and appeal.

LIENOR / RELEASING PARTY:

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

[TWO ATTESTING WITNESSES AND ACKNOWLEDGMENT REQUIRED — use the execution blocks from Part 1]

PART 3: DISSOLUTION OF LIEN BY SUBSTITUTION OF BOND

APPLICATION FOR DISSOLUTION OF MECHANIC'S LIEN BY SUBSTITUTION OF BOND

Pursuant to C.G.S. § 49-37

IN THE SUPERIOR COURT, JUDICIAL DISTRICT OF [________________________________]

Docket No.: [________________________________]

APPLICATION:

To the Honorable Judge of the Superior Court:

The undersigned, [________________________________] ("Applicant"), owner of or person interested in the real property described below, respectfully applies for dissolution of the mechanic's lien described herein by substitution of a surety bond, pursuant to C.G.S. § 49-37, and states:

LIEN INFORMATION:

BOND INFORMATION:

STATUTORY REQUIREMENTS UNDER C.G.S. § 49-37:

Under Connecticut law, the owner or any person interested in real property subject to a mechanic's lien may apply to a judge of the Superior Court for dissolution of the lien upon substitution of a bond with surety. The requirements are:

1. Application: Filed with the Superior Court in the judicial district where the property is located
2. Notice: Reasonable notice must be given to the lienor of the application
3. Bond Condition: The bond must be conditioned to pay to the lienor such amount as a court of competent jurisdiction may adjudge to have been secured by the lien, together with interest and costs
4. Court Approval: If satisfied that the applicant in good faith intends to contest the lien and offers a bond with sufficient surety on the statutory condition, the judge orders the lien dissolved and the bond substituted
5. Recordation: The applicant must record a clerk-certified copy of the order in the town clerk's office where the lien is recorded within ten days after the application, notice, order, and bond are returned to the clerk; only then does § 49-37 state that the lien is dissolved

Notice to Non-Resident Lienors: If the lienor is not a resident of Connecticut, the judge may order notice by publication, registered or certified letter, or personal service.

PRAYER FOR RELIEF:

WHEREFORE, Applicant requests that this Court:

1. Set a hearing date and order reasonable notice to the lienor;
2. Fix the amount of the surety bond;
3. Upon approval of the bond and compliance with § 49-37, order the mechanic's lien dissolved;
4. Authorize recording of the clerk-certified order in the Town of [________________________________] land records;
5. Grant such other relief as is just and equitable.

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

PART 4: APPLICATION FOR DISCHARGE OR REDUCTION OF LIEN

APPLICATION FOR REDUCTION OR DISCHARGE OF MECHANIC'S LIEN

Pursuant to C.G.S. § 49-35a

SUPERIOR COURT, JUDICIAL DISTRICT OF [________________________________]

Docket No.: [________________________________]

[________________________________],
Applicant,

v.

[________________________________],
Lienor/Respondent.

APPLICATION

The undersigned, [________________________________] ("Applicant"), owner of real property subject to a mechanic's lien, applies to this Court pursuant to C.G.S. § 49-35a for a hearing to determine whether the mechanic's lien described herein should be discharged or reduced, and states:

I. PROPERTY AND LIEN INFORMATION

1. Applicant is the owner of real property located at [________________________________], Town of [________________________________], Connecticut.

2. On [__/__/____], [________________________________] ("Lienor") filed a mechanic's lien certificate on the land records of the Town of [________________________________], recorded in Volume [________], Page [________], in the amount of $[________________________________].

II. GROUNDS FOR DISCHARGE OR REDUCTION

Applicant seeks discharge or reduction of the mechanic's lien on the following grounds:

☐ A. Full Payment. The lien claim has been paid in full. The Lienor has failed or refused to release the lien despite demand.

☐ B. Lien Expired. Under C.G.S. § 49-39, the required foreclosure action and notice of lis pendens were not completed within the applicable statutory period, and the lien is invalid and discharged as a matter of law.

☐ C. Probable Cause Not Established. The Lienor cannot establish probable cause to sustain the validity of the lien.

☐ D. Excessive Amount. The lien amount is excessive. The actual amount owed, if any, is $[________________________________], and the lien should be reduced accordingly.

☐ E. Invalid Lien. The lien is invalid because:
☐ Not filed within 90 days of cessation of services (§ 49-34)
☐ The lien certificate does not comply with § 49-34
☐ The claimant is not a person entitled to file a mechanic's lien
☐ Other: [________________________________]

III. PROCEDURE UNDER C.G.S. §§ 49-35a AND 49-35b

Under this statute:

• The Applicant files this application with a proposed order and summons
• Notice is provided to the lienor and other interested parties
• At the hearing, the lienor bears the initial burden of establishing probable cause to sustain the validity of the lien
• Any person entitled to notice may then prove by clear and convincing evidence that the lien should not be sustained or the amount is excessive
• The court may discharge the lien entirely, reduce the amount, or deny the application

IV. RELIEF REQUESTED

WHEREFORE, Applicant requests this Court:

1. Schedule a hearing on this Application;
2. Order proper notice to the Lienor;

3. ☐ Discharge the mechanic's lien in its entirety; OR
   ☐ Reduce the lien amount from $[________________________________] to $[________________________________];

4. Award Applicant costs, including the entry fee;

5. Grant such other relief as the Court deems just.

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

PART 5: DEMAND FOR VOLUNTARY RELEASE

DEMAND LETTER FOR RELEASE OF MECHANICS' LIEN

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

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

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

Re: Demand for Release of Mechanic's Lien
Property: [________________________________]
Town: [________________________________], Connecticut
Lien Certificate Volume/Page: [________________________________]
Date Filed: [__/__/____]

Dear [________________________________]:

This letter constitutes a formal demand for the release of the above-referenced mechanic's lien filed on the land records of the Town of [________________________________], Connecticut.

FACTUAL BASIS FOR DEMAND:

☐ Full Payment Made. The lien claim has been paid in full. Payment of $[________________________________] was made on [__/__/____].

☐ Lien Period Expired. Under C.G.S. § 49-39, the required foreclosure action and notice of lis pendens were not completed within the applicable statutory period. The lien was recorded on [__/__/____], and the period expired on [__/__/____].

☐ Failure to Preserve Lien. Under C.G.S. § 49-39, the lienor did not timely commence foreclosure and record the required notice of lis pendens.

☐ Lien is Invalid. [________________________________]

CONSEQUENCES OF FAILURE TO RELEASE:

If you fail to voluntarily release this lien, the property owner will pursue the following remedies:

1. Application for Discharge (C.G.S. §§ 49-35a and 49-35b): Application to the Superior Court for a hearing to discharge or reduce the lien. Section 49-35b places the initial probable-cause burden on the lienor.

2. Bond Substitution (C.G.S. § 49-37): Application to the Superior Court for dissolution of the lien by substitution of a surety bond.

3. Invalid-Lien Demand (C.G.S. § 49-51): If the lien is invalid and not discharged of record, a person with an interest in the property may send the statutory registered/certified-mail notice. If the lien remains undischarged 30 days after that notice, the person may apply to Superior Court; the court may award damages, and § 49-51 supplies an additional discretionary formula when the certificate was filed without just cause.

DEMAND:

☐ This is a voluntary request after payment; requested response date: [__/__/____].

☐ This is notice under C.G.S. § 49-51 that the lien is invalid and not discharged of record. Discharge is demanded within 30 days after receipt of this registered/certified-mail notice.

Sincerely,

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

RECORDING INSTRUCTIONS AND INFORMATION

Connecticut Town Clerk Recording

In Connecticut, mechanics' liens are filed on the town land records with the Town Clerk in the town where the property is located. Connecticut has 169 towns, each with its own Town Clerk and land records.

IMPORTANT: Connecticut does not use counties for land recording purposes. Lien certificates and releases are filed with the Town Clerk of the town where the property is situated.

Recording Requirements:

• Documents must comply with Connecticut recording standards
• Legible typewritten or printed text
• Execute, attest with two witnesses, and acknowledge the release as §§ 49-9 and 47-5 require
• Include Volume and Page reference to the original lien certificate
• Recording fees vary by town; check with the specific Town Clerk
• Some towns accept electronic recording

Judicial Districts (for court filings):
Connecticut has multiple judicial districts for Superior Court proceedings. Lien discharge and bond substitution applications are filed in the judicial district where the property is located.

CONNECTICUT-SPECIFIC STATUTORY REQUIREMENTS AND PRACTITIONER NOTES

Key Deadlines and Requirements

Practitioner Notes

1. No Statutory Release Deadline. Unlike many states, Connecticut does not impose a specific statutory deadline requiring a lien claimant to release a satisfied mechanics' lien. However, maintaining a lien after full payment exposes the claimant to liability for slander of title and other claims.

2. Unique Court Discharge Procedures. Connecticut provides two primary judicial remedies for removing a mechanics' lien:
   - C.G.S. § 49-35a: Application for reduction or discharge, where the lienor bears the initial burden of showing probable cause.
   - C.G.S. § 49-37: Dissolution by substitution of a surety bond.
   These are distinct procedures with different requirements and effects.

3. Burden of Proof at Discharge Hearing. Under § 49-35b, the lienor must first establish probable cause to sustain the lien's validity. If the lienor meets this burden, other parties may prove by clear and convincing evidence that the lien should not be sustained or is excessive.

4. One-Year Enforcement Period. Under § 49-39, preserving a mechanic's lien generally requires commencement of foreclosure and recording a lis pendens within one year from recording, subject to the statute's later 60-day period following final disposition of a § 49-35a application and appeal.

5. 90-Day Filing Window. The lien certificate must be filed within 90 days after the services, materials, or labor ceased. This is measured from when the lienor ceased providing services, not when the overall project was completed.

6. Town Recording System. Connecticut uses towns, not counties, for land recording. This is a unique aspect of Connecticut practice. The 169 towns each maintain separate land records.

7. Lien Certificate Requirements. Under § 49-34, the lien certificate must contain the specified property description, amount claimed, person or persons against whom the lien is filed, commencement date, justly-due statement, and claimant's subscribed-and-sworn statement.

8. No Limit on Number of Applications. Only one application under § 49-35a may be ruled upon for a single mechanic's lien, except by persons who were not given notice of the prior application.

9. Attorney Fees. Connecticut does not have a specific statutory provision awarding attorney fees in mechanics' lien release disputes, but fees may be recoverable under other equitable theories.

SOURCES AND REFERENCES

• Connecticut General Statutes, Title 49, Chapter 847: §§ 49-33 through 49-42
• C.G.S. § 49-9 and § 47-5: Release execution, attestation, and acknowledgment
• C.G.S. § 49-33: Mechanic's lien; precedence; rights of subcontractors
• C.G.S. § 49-34: Certificate contents, recording, and owner-copy service
• C.G.S. § 49-35a: Application for reduction or discharge
• C.G.S. § 49-35b: Hearing burdens and court authority
• C.G.S. § 49-37: Dissolution by substitution of bond
• C.G.S. § 49-39: Discharge on failure to commence foreclosure
• C.G.S. § 49-51: Invalid-lien demand and court remedies
• Connecticut Judicial Branch: https://www.jud.ct.gov/
• Connecticut Secretary of State (Town Clerks): https://portal.ct.gov/SOTS

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