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: [__/__/____]

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.

Commissioner of the Superior Court /
Notary Public: ______________________________
My Commission Expires: [__/__/____]

PART 2: PARTIAL RELEASE OF MECHANICS' LIEN

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 under C.G.S. § 49-34, are expressly reserved.

4. Foreclosure Deadline. The Lienor acknowledges that under C.G.S. § 49-34, a mechanic's lien is not valid after one (1) year from the date the lien was filed unless a foreclosure action is commenced or the lien is extended by agreement.

LIENOR / RELEASING PARTY:

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

[ACKNOWLEDGMENT REQUIRED - Use acknowledgment block 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: The judge shall fix the amount of the bond and, upon approval and filing of the bond, shall order the lien dissolved
5. Effect: Upon dissolution, the bond is substituted for the lien, and the property is freed from the encumbrance

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 filing and approval of the bond, order the mechanic's lien dissolved;
4. Order the Town Clerk of [________________________________] to note the dissolution on the 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. § 49-34, a mechanic's lien is not valid after one (1) year from the date filed unless a foreclosure action has been commenced or the lien extended. The one-year period has expired.

☐ 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 § 49-33
☐ The claimant is not a person entitled to file a mechanic's lien
☐ Other: [________________________________]

III. PROCEDURE UNDER C.G.S. § 49-35a

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. § 49-34, a mechanic's lien is not valid after one (1) year from the date of filing unless a foreclosure action is commenced. The lien was filed on [__/__/____], and the one-year period expired on [__/__/____].

☐ Failure to Commence Foreclosure. Under C.G.S. § 49-39, a mechanic's lien may be discharged on the land records upon failure of the lienor to commence foreclosure. No foreclosure action has been commenced.

☐ 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): Application to the Superior Court for a hearing to discharge or reduce the lien. You bear the initial burden of establishing probable cause for the lien's validity.

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. Damages: Suit for actual damages, including inability to sell or refinance the property, along with attorney fees.

4. Slander of Title: A claim for slander of title if the lien is found to have been filed or maintained without justification.

DEMAND:

You are hereby demanded to execute and record a full release of the above-referenced mechanic's lien within fifteen (15) days of receipt of this demand.

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
- Original signatures required
- Acknowledgment before a Connecticut Commissioner of the Superior Court, Notary Public, or Justice of the Peace
- 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 § 49-35a, 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.

4. One-Year Lien Duration. Under § 49-34, a mechanics' lien expires one year from the date of filing unless a foreclosure action is commenced or the lien is extended by written agreement of the parties.

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 § 49-33, the lien certificate must contain specific information including a description of the property, the amount claimed, the name of the party against whom the lien is claimed, and must be subscribed and sworn to by the lienor.

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.

10. Residential Property. Connecticut has specific requirements for mechanics' liens on residential property, including notice requirements that may affect the validity of the underlying lien.

SOURCES AND REFERENCES

• Connecticut General Statutes, Title 49, Chapter 847: §§ 49-33 through 49-42
• C.G.S. § 49-33: Mechanic's lien; filing; contents
• C.G.S. § 49-34: Duration; extension; foreclosure
• C.G.S. § 49-35a: Application for reduction or discharge
• C.G.S. § 49-37: Dissolution by substitution of bond
• C.G.S. § 49-39: Discharge on failure to commence foreclosure
• 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.