Mechanics' Lien Release

MECHANICS' LIEN RELEASE

State of Georgia

Governed by Official Code of Georgia Annotated Title 44, Chapter 14, Article 8, Part 3 (O.C.G.A. § 44-14-360 et seq.)

PART 1: FULL CANCELLATION AND RELEASE OF MATERIALMEN'S LIEN

RECORDING REQUESTED BY:

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

WHEN RECORDED, RETURN TO:

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

CANCELLATION AND RELEASE OF MATERIALMEN'S / MECHANICS' LIEN

County of Recording: [________________________________], Georgia
Clerk of Superior Court Lien Book: [________] Page: [________]
Instrument/Document Number: [________________________________]
Date of Original Lien Filing: [__/__/____]

PROPERTY INFORMATION:

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

Tax Parcel ID Number: [________________________________]
Land Lot: [____] District: [____] Section: [____]
Street Address (if applicable): [________________________________]
City: [________________________________], Georgia [________]
County: [________________________________]

PARTIES:

ORIGINAL LIEN INFORMATION:

CANCELLATION AND RELEASE STATEMENT

KNOW ALL PERSONS BY THESE PRESENTS:

The undersigned, [________________________________] ("Claimant"), being the holder of that certain Claim of Lien for labor, services, or materials filed on [__/__/____], recorded in Lien Book [________], Page [________], Instrument Number [________________________________], in the Office of the Clerk of the Superior Court of [________________________________] County, Georgia, 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 Claim of Lien, including all principal, interest, costs, and any other charges.

2. Cancellation and Release. Claimant hereby unconditionally and irrevocably cancels, releases, satisfies, and discharges the above-referenced Claim of Lien in its entirety pursuant to Georgia law (O.C.G.A. § 44-14-360 et seq.). This release extinguishes all lien rights of Claimant against the subject property.

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

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

5. Recording Authorization. Claimant hereby authorizes the Clerk of the Superior Court of [________________________________] County, Georgia, to record this Cancellation and Release and to note the cancellation of the above-referenced Claim of Lien.

6. Waiver and Release Upon Final Payment. This document constitutes an unconditional waiver and release upon final payment as contemplated by O.C.G.A. § 44-14-366.

UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT

Required Statutory Notice (O.C.G.A. § 44-14-366):

NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM.

Property: [________________________________]
Owner: [________________________________]
Amount of Final Payment: $[________________________________]

The undersigned has been paid in full for all labor, services, or materials furnished to the above-referenced property and hereby waives and releases any right to claim a lien, and releases any lien already filed, for labor, services, or materials furnished through [__/__/____].

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 GEORGIA
COUNTY OF [________________________________]

Personally appeared before the undersigned officer duly authorized to administer oaths, [________________________________], who, after being duly sworn, deposes and says that the foregoing statements are true and correct.

Sworn to and subscribed before me this [____] day of [________________________________], 20[____].

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

PART 2: PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL CANCELLATION AND RELEASE OF MATERIALMEN'S / MECHANICS' LIEN

County of Recording: [________________________________], Georgia
Original Lien Book: [________] Page: [________]
Instrument Number: [________________________________]
Date of Original Lien Filing: [__/__/____]

The undersigned, [________________________________] ("Claimant"), being the holder of that certain Claim of Lien filed on [__/__/____], recorded in Lien Book [________], Page [________], in the Office of the Clerk of the Superior Court of [________________________________] County, Georgia, 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 cancels and releases the above-referenced Claim of 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:
[________________________________]
[________________________________]
Tax Parcel ID: [________________________________]
The lien remains in full force and effect against the remaining property.

3. Interim Waiver and Release. This partial release constitutes an interim waiver and release upon payment as contemplated by O.C.G.A. § 44-14-366.

4. Remaining Lien. Except as expressly released herein, the above-referenced Claim of Lien remains in full force and effect, and all rights to enforce the remaining lien are expressly reserved.

5. Enforcement Deadline. Under O.C.G.A. § 44-14-361.1(a)(2), an action to enforce a lien must be commenced within 365 days from the date the lien became due.

INTERIM WAIVER AND RELEASE UPON PAYMENT

Required Statutory Notice (O.C.G.A. § 44-14-366):

NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. IT COVERS ONLY A PARTIAL PAYMENT.

Through Date: [__/__/____]
Amount of Progress Payment: $[________________________________]

CLAIMANT / RELEASING PARTY:

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

[NOTARIZATION REQUIRED - Use notary block from Part 1]

PART 3: RELEASE OF LIEN BY FILING OF BOND

RELEASE OF MATERIALMEN'S / MECHANICS' LIEN BY BOND

Pursuant to O.C.G.A. § 44-14-364

County of Recording: [________________________________], Georgia
Original Lien Book: [________] Page: [________]
Instrument Number: [________________________________]

NOTICE OF BOND TO RELEASE MECHANICS' LIEN

NOTICE IS HEREBY GIVEN that pursuant to O.C.G.A. § 44-14-364, a bond has been filed for the release of the mechanics'/materialmen's lien described below:

BOND REQUIREMENTS UNDER O.C.G.A. § 44-14-364:

Georgia provides specific bond amounts depending on the property type:

Commercial/Non-Residential Property:

• Bond must be in double (200%) the amount claimed under the lien
• Bond must be with good security approved by the Clerk of the Superior Court, OR a surety bond from an authorized surety company

Residential Property:

• Bond must be in an amount equal to the amount claimed under the lien
• Bond must be with good security or from an authorized surety company

Bond Conditions:

• Conditioned to pay to the holder of the lien the sum found due upon trial of any action filed to recover the lien amount
• The action must be filed within twelve (12) months from the time the claim becomes due
• Bond must be approved by the Clerk of the Superior Court

Effect of Bond:

• Upon filing and approval of the bond, the property is released from the lien
• The lien claimant's rights are transferred to the bond
• The claimant must proceed against the bond

CERTIFICATE OF RELEASE BY BOND

This certifies that the Claim of Lien recorded in Lien Book [________], Page [________], Instrument Number [________________________________], in [________________________________] County, Georgia, has been released from the real property by the filing of a bond pursuant to O.C.G.A. § 44-14-364.

Date Bond Approved: [__/__/____]
Clerk of Superior Court: [________________________________] County

Filed by: [________________________________]
Date: [__/__/____]

PART 4: DEMAND FOR CANCELLATION OF MECHANICS' LIEN

WRITTEN DEMAND TO CANCEL AND RELEASE MECHANICS' LIEN

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

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

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

Re: Demand for Cancellation and Release of Mechanics'/Materialmen's Lien
Property: [________________________________]
Tax Parcel ID: [________________________________]
County: [________________________________], Georgia
Lien Book: [________] Page: [________]
Instrument Number: [________________________________]
Date Filed: [__/__/____]

Dear [________________________________]:

This letter constitutes a formal demand for the immediate cancellation and release of the above-referenced mechanics'/materialmen's lien.

FACTUAL BASIS FOR DEMAND:

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

☐ Lien Enforcement Period Expired. Under O.C.G.A. § 44-14-361.1(a)(2), an action to enforce a lien must be commenced within 365 days from the date the claim became due. The enforcement period expired on [__/__/____].

☐ Untimely Filing. The lien was not filed within the time required by O.C.G.A. § 44-14-361.1(a)(2):
☐ Not within 90 days from completion of the work (for general contractors)
☐ Not within the applicable period for subcontractors/suppliers

☐ Defective Lien. The lien is defective because: [________________________________]

☐ No Preliminary Notice. Where required, no preliminary notice of lien rights was provided under O.C.G.A. § 44-14-361.5.

☐ Other: [________________________________]

CONSEQUENCES OF FAILURE TO CANCEL:

Georgia law provides the following remedies:

• O.C.G.A. § 44-14-367: Any owner of real property who has reason to believe a lien is invalid or unenforceable may file an action in the superior court to cancel the lien. Failure to respond may result in cancellation.
• Slander of Title: Maintaining an invalid lien constitutes slander of title, subjecting the claimant to compensatory damages.
• Attorney Fees: Under O.C.G.A. § 13-6-11, attorney fees may be recoverable for stubbornly litigious conduct.
• Bond Filing: The property owner may file a bond under O.C.G.A. § 44-14-364 (at double the lien amount for commercial property) to release the lien from the property, and costs may be recoverable.

DEMAND:

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

Sincerely,

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

Enclosures:
☐ Copy of original Claim of Lien
☐ Proof of payment (if applicable)
☐ Draft cancellation/release for execution

PART 5: ACTION TO CANCEL MECHANICS' LIEN

IN THE SUPERIOR COURT OF [________________________________] COUNTY

STATE OF GEORGIA

Civil Action File No.: [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

PETITION TO CANCEL MATERIALMEN'S / MECHANICS' LIEN

Pursuant to O.C.G.A. § 44-14-367

Plaintiff [________________________________] ("Petitioner"), by and through undersigned counsel, brings this action to cancel the materialmen's/mechanics' lien recorded by [________________________________] ("Lien Claimant"), and respectfully shows this Court as follows:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to O.C.G.A. § 44-14-367 and Ga. Const. Art. VI, Sec. IV.
2. Venue is proper in [________________________________] County because the subject property is located therein.

II. PARTIES

3. Petitioner is the owner of real property located at [________________________________], Tax Parcel ID [________________________________], [________________________________] County, Georgia ("Property").

4. Lien Claimant is [________________________________], located at [________________________________].

III. BACKGROUND

5. On or about [__/__/____], Lien Claimant filed a Claim of Lien in Lien Book [________], Page [________], Instrument Number [________________________________], in the Office of the Clerk of the Superior Court of [________________________________] County, Georgia, against the Property.

6. The Claim of Lien was filed in the amount of $[________________________________].

IV. GROUNDS FOR CANCELLATION

Petitioner has reason to believe the lien is invalid or unenforceable and seeks cancellation on the following grounds:

☐ A. Full Payment. The amounts claimed under the lien have been paid in full. Lien Claimant has failed to cancel the lien despite demand.

☐ B. Enforcement Period Expired. Under O.C.G.A. § 44-14-361.1(a)(2), an action to enforce the lien must be commenced within 365 days. The enforcement period expired on [__/__/____].

☐ C. Untimely Filing. The Claim of Lien was not filed within the time required by O.C.G.A. § 44-14-361.1(a)(2).

☐ D. Improper or Defective Lien. The lien is defective because: [________________________________]

☐ E. No Privity / No Right to Lien. The Lien Claimant does not have a right to a lien because: [________________________________]

☐ F. Failure to Provide Required Notice. The Lien Claimant failed to comply with the notice requirements of O.C.G.A. § 44-14-361.5 (Notice to Contractor) or other applicable notice provisions.

V. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

1. Order the cancellation of the above-referenced Claim of Lien pursuant to O.C.G.A. § 44-14-367;
2. Direct the Clerk of the Superior Court to note the cancellation in the lien records;
3. Award Petitioner reasonable attorney fees pursuant to O.C.G.A. § 13-6-11;
4. Award Petitioner actual damages;
5. Grant such other relief as the Court deems just and proper.

Respectfully submitted,

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

RECORDING INSTRUCTIONS AND INFORMATION

Georgia Clerk of Superior Court Recording

In Georgia, mechanics'/materialmen's liens and lien releases are filed with the Clerk of the Superior Court in the county where the property is located. Georgia has 159 counties, each with its own Clerk of Superior Court.

Recording Requirements:

• Documents must be on 8.5" x 11" paper
• Legible typewritten or printed text; black ink
• Original signatures required
• Notarization required for lien releases
• Include Lien Book/Page and Instrument Number referencing the original lien
• Include Tax Parcel ID number, Land Lot, and District
• Recording fees vary by county; check with the specific Clerk
• Georgia uses "Lien Books" for recording mechanics' liens (separate from deed books)

Important Georgia Recording Notes:

• Georgia has the most counties of any state east of the Mississippi (159)
• Some counties have transitioned to electronic recording
• The Clerk of Superior Court maintains separate lien records

GEORGIA-SPECIFIC STATUTORY REQUIREMENTS AND PRACTITIONER NOTES

Key Deadlines and Requirements

Practitioner Notes

1. No Statutory Release Deadline. Georgia does not impose a specific deadline for releasing a satisfied mechanics' lien. However, failure to release exposes the claimant to a cancellation action under § 44-14-367 and potential liability for slander of title.

2. Statutory Waiver and Release Forms. O.C.G.A. § 44-14-366 provides mandatory forms for waiver and release of lien rights, including:
   - Interim (conditional) waiver and release upon payment
   - Unconditional waiver and release upon final payment
   These forms include specific statutory notice language that must be included on the face of the form or the form is unenforceable.

3. Required Notice Language. The statutory waiver and release forms under § 44-14-366 must contain specific notice language warning the signer about the consequences of execution. Failure to include this notice renders the form unenforceable.

4. Dual Bond Amounts. Georgia is unique in providing different bond amounts based on property type: 200% for commercial property and 100% for residential property under § 44-14-364. This distinction is significant for property owners calculating bond costs.

5. 365-Day Enforcement Window. Liens must be enforced within 365 days from the date the claim became due. This is measured from the date of default, not the date of filing.

6. Notice to Contractor. Under § 44-14-361.5, subcontractors and suppliers must provide a Notice to Contractor to preserve their lien rights. Failure to provide this notice may defeat the lien.

7. 159 Counties. Georgia has 159 counties, second only to Texas. Each county has its own Clerk of Superior Court, and liens must be filed in the county where the property is located.

8. Separate Lien Records. Georgia maintains separate lien books (distinct from deed records) for mechanics' and materialmen's liens. Releases should reference the specific Lien Book and Page.

9. Aggregate Lien Limitation. Under § 44-14-361.1, the aggregate amount of all liens on a property cannot exceed the contract price between the owner and the contractor.

10. Attorney Fees. Under O.C.G.A. § 13-6-11, attorney fees may be awarded where the opposing party has acted in bad faith, been stubbornly litigious, or caused unnecessary trouble and expense.

SOURCES AND REFERENCES

• O.C.G.A. Title 44, Chapter 14, Article 8, Part 3: §§ 44-14-360 through 44-14-369
• O.C.G.A. § 44-14-364: Release of lien on filing of bond
• O.C.G.A. § 44-14-366: Waiver and release forms
• O.C.G.A. § 44-14-367: Action to cancel lien
• Georgia Superior Court Clerks' Cooperative Authority: https://www.gsccca.org/
• Georgia Courts: https://georgiacourts.gov/

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