DISSOLUTION AND RELEASE OF MECHANICS' LIEN

(Massachusetts — MGL Chapter 254)

IMPORTANT: Massachusetts uses the term "dissolution" rather than "release" or "discharge" for the removal of a mechanics' lien by bond. The Commonwealth has a unique two-bond system: a blanket bond (§ 12) that prevents liens from attaching, and a target bond (§ 14) that dissolves a specific lien already filed.

FORM 1: FULL RELEASE AND DISSOLUTION OF MECHANICS' LIEN

(After Full Payment)

RELEASE AND DISSOLUTION OF MECHANICS' LIEN

COMMONWEALTH OF MASSACHUSETTS
COUNTY OF [________________________________]

FOR RECORDING IN THE [________________________________] REGISTRY OF DEEDS

Lien Information

Release Declaration

The undersigned Lien Claimant hereby certifies, declares, and states as follows:

1. Full Payment Received. The Claimant has received payment in full in the amount of $[________________________________] in complete satisfaction of all amounts due for labor and/or labor and materials furnished to the above-described property.

2. Lien Dissolved and Released. The mechanics' lien recorded at the above-referenced Book and Page in the [________________________________] County Registry of Deeds is hereby fully dissolved, released, and discharged.

3. No Further Claim. The Claimant has no further lien, claim, or encumbrance against the above-described property arising from the contract or work that gave rise to the dissolved lien.

4. Recording Authorization. The Claimant authorizes and requests the Register of Deeds to record this Release and to note the dissolution of the lien on the margin of the original recording.

5. Indemnification. The Claimant agrees to indemnify and hold harmless the Owner and Owner's successors, heirs, and assigns from any loss, cost, or expense arising from any third-party claim related to the work covered by the dissolved lien.

Claimant Signature

Signed under the pains and penalties of perjury this [____] day of [________________], 20[____].

LIEN CLAIMANT:

Signature: ______________________________
Printed Name: [________________________________]
Title: [________________________________]
Company: [________________________________]

Acknowledgment

COMMONWEALTH OF MASSACHUSETTS
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], proved to me through satisfactory evidence of identification, which was ☐ driver's license ☐ passport ☐ personal knowledge ☐ other: [________________], to be the person whose name is signed on the preceding document, and acknowledged to me that he/she signed it voluntarily for its stated purpose.

Notary Public: ______________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]

FORM 2: PARTIAL RELEASE OF MECHANICS' LIEN

(After Partial Payment)

PARTIAL RELEASE AND REDUCTION OF MECHANICS' LIEN

COMMONWEALTH OF MASSACHUSETTS
COUNTY OF [________________________________]

Original Lien Information

Partial Payment and Reduction

Partial Release Declaration

1. The Claimant has received partial payment of $[________________________________] toward the obligation secured by the above-referenced mechanics' lien.

2. The Claimant hereby releases and dissolves the lien to the extent of $[________________________________] and reduces the outstanding lien amount to $[________________________________].

3. The Claimant's lien remains in full force and effect as to the remaining balance of $[________________________________].

4. ☐ This partial release applies to the following specific portion of the property only: [________________________________]

5. This Partial Release does not constitute a waiver of any right or claim not expressly released herein.

Signed under the pains and penalties of perjury this [____] day of [________________], 20[____].

LIEN CLAIMANT:

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

ACKNOWLEDGMENT:

(Same form as Form 1 above)

FORM 3: DISSOLUTION OF MECHANICS' LIEN BY TARGET BOND

(MGL c. 254, § 14 — Owner or Interested Person Files Bond to Dissolve Specific Lien)

NOTICE OF RECORDING OF BOND FOR DISSOLUTION OF MECHANICS' LIEN

COMMONWEALTH OF MASSACHUSETTS
COUNTY OF [________________________________]

Lien to Be Dissolved

Bond Information

Pursuant to MGL c. 254, § 14, the undersigned has recorded a bond with the [________________________________] County Registry of Deeds to dissolve the above-referenced mechanics' lien.

Requirements Under § 14

Bond Amount: The bond must be in a penal sum equal to the amount of the lien sought to be dissolved (not double — unlike some states).

Effect of Recording: Upon recording of the bond, the mechanics' lien is immediately dissolved as a matter of law. The lien claimant's rights transfer to the bond.

CRITICAL — 90-DAY DEADLINE FOR CLAIMANT: Upon receiving notice of the bond recording, the lien claimant has 90 days to commence an action to enforce the claim against the surety. If the claimant fails to file suit within 90 days, the bond is also dissolved and the claimant loses all rights.

Notice to Lien Claimant

This Notice of Recording, together with a copy of the bond, has been served on the Lien Claimant by:

☐ An officer qualified to serve civil process
☐ Personal delivery to the claimant

90-Day Deadline Calculation

WARNING TO LIEN CLAIMANT: If you do not commence an action against the surety within 90 days of receiving actual notice of the bond, your lien rights will be permanently extinguished.

PERSON FILING BOND:

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

FORM 4: DEMAND FOR DISSOLUTION AND RELEASE OF MECHANICS' LIEN

(Letter Demanding Lien Claimant Release After Payment)

[LETTERHEAD OR SENDER INFORMATION]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA [☐ Hand Delivery ☐ Email ☐ Facsimile]

[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR DISSOLUTION AND RELEASE OF MECHANICS' LIEN

Property: [________________________________]
Registry of Deeds: [________________________________] County
Book/Page: [________________________________]
Date Recorded: [__/__/____]
Lien Amount: $[________________________________]

Dear [________________________________]:

This firm represents [________________________________] ("Owner") in connection with the above-referenced property. We write to demand the immediate dissolution and release of the mechanics' lien you recorded against the property.

GROUNDS FOR DEMAND

☐ Full Payment. The obligation giving rise to your lien has been paid in full. Payment of $[________________________________] was made on [__/__/____]. Accordingly, your lien has been satisfied and must be released.

☐ Failure to Enforce Within 90 Days. You recorded a Statement of Account pursuant to MGL c. 254, § 8, but failed to commence an action to enforce the lien within 90 days of recording, as required by MGL c. 254, § 11. Your lien has therefore been dissolved by operation of law.

☐ Expiration of Lien. Your lien has expired because you failed to record a Statement of Account within 90 days after you ceased to perform labor or furnish materials, as required by MGL c. 254, § 8.

☐ No Valid Lien. Your purported lien is invalid because: [________________________________].

☐ Other: [________________________________].

DEMAND

You are hereby demanded to:

1. Execute and deliver a Release and Dissolution of Mechanics' Lien in recordable form within ten (10) days of receipt of this letter;

2. Record the Release at the [________________________________] County Registry of Deeds at your expense;

3. Provide a copy of the recorded Release to the undersigned.

CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with this demand, the Owner will:

1. File a bond pursuant to MGL c. 254, § 14, to dissolve the lien, at your expense;
2. Commence an action for damages, including attorney fees, court costs, and all consequential damages arising from the wrongful encumbrance on the property;
3. Pursue all other available remedies.

This demand is made without waiver of any right, claim, or defense.

Very truly yours,

______________________________
[________________________________]
Attorney for [________________________________]
BBO No.: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

FORM 5: PETITION TO DISSOLVE MECHANICS' LIEN

(Court Filing to Compel Release — Superior Court or Land Court)

COMMONWEALTH OF MASSACHUSETTS

[________________________________] SUPERIOR COURT
(or LAND COURT)

CIVIL ACTION NO.: [________________________________]

[________________________________],
Petitioner,

v.

[________________________________],
Respondent.

PETITION TO DISSOLVE MECHANICS' LIEN AND FOR DAMAGES

Now comes the Petitioner, [________________________________], and respectfully states as follows:

I. PARTIES

1. Petitioner is [________________________________], the owner of certain real property located at [________________________________], in the [☐ City ☐ Town] of [________________________________], County of [________________________________], Commonwealth of Massachusetts.

2. Respondent is [________________________________], who claims a mechanics' lien against Petitioner's property.

II. THE MECHANICS' LIEN

3. On or about [__/__/____], Respondent recorded a mechanics' lien at the [________________________________] County Registry of Deeds, Book [________________________________], Page [________________________________].

4. The lien was recorded in connection with [________________________________] [describe nature of work/materials] performed at the above-described property.

5. The amount claimed in the lien is $[________________________________].

III. GROUNDS FOR DISSOLUTION

6. The mechanics' lien should be dissolved for the following reason(s):

☐ a. Full Payment. The obligation has been paid in full. Payment of $[________________________________] was made on [__/__/____]. Despite demand, Respondent has failed to release the lien.

☐ b. Failure to File Statement of Account. Respondent failed to record a Statement of Account pursuant to MGL c. 254, § 8, within 90 days after ceasing to perform labor or furnish materials. Respondent's last day of work was [__/__/____]. Ninety days expired on [__/__/____]. No Statement of Account was recorded.

☐ c. Failure to Commence Enforcement Action. Respondent recorded a Statement of Account but failed to commence an action to enforce the lien within 90 days after recording, as required by MGL c. 254, § 11.

☐ d. Invalid Lien. The lien is invalid because: [________________________________].

☐ e. Expired Lien. The lien has expired by operation of law because: [________________________________].

IV. DAMAGES

7. By reason of the Respondent's failure to release the expired/satisfied lien, the Petitioner has suffered damages including:

☐ Inability to sell or refinance property: $[________________________________]
☐ Additional carrying costs: $[________________________________]
☐ Title insurance premiums: $[________________________________]
☐ Attorney fees and costs: $[________________________________]
☐ Other damages: [________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Order the dissolution and release of the mechanics' lien recorded at Book [________________________________], Page [________________________________], in the [________________________________] County Registry of Deeds;

B. Award Petitioner damages in the amount of $[________________________________], or such amount as may be proven at trial;

C. Award Petitioner costs of this action, including reasonable attorney fees;

D. Grant such other and further relief as this Court deems just and equitable.

Respectfully submitted,

______________________________
[________________________________]
Attorney for Petitioner
BBO No.: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

VERIFICATION

I, [________________________________], the Petitioner herein, hereby verify under the pains and penalties of perjury that the statements made in this Petition are true and correct to the best of my knowledge, information, and belief.

Signature: ______________________________
Date: [__/__/____]

RECORDING INSTRUCTIONS — MASSACHUSETTS

Where to Record

Document Requirements

☐ Original document with original signature
☐ Acknowledgment before a notary public or justice of the peace
☐ Reference to the original lien recording by Book and Page number
☐ Legal description of the property or reference to recorded plan
☐ Claimant's printed name and address
☐ Recording fee (varies by county — contact Registry for current fee)

Important Massachusetts Filing Notes

☐ Massachusetts uses Book and Page references for recorded documents
☐ Some counties also assign instrument numbers
☐ The Registry of Deeds is the correct office — NOT the Superior Court
☐ For registered land (Torrens system), file at the Land Registration Office
☐ Filing is done in the county where the property is situated
☐ Massachusetts has 14 counties but 21 Registry of Deeds districts

STATUTORY DEADLINES AND REQUIREMENTS — MASSACHUSETTS

PRACTITIONER NOTES — MASSACHUSETTS

Key Practice Points

1. The 90-Day Rule Is Critical. Massachusetts imposes a strict 90-day deadline at multiple stages: (a) 90 days to file the Statement of Account after last work, (b) 90 days to commence enforcement after filing the Statement of Account, and (c) 90 days to file suit against a bond after receiving notice. Missing any of these deadlines is fatal to the lien claim.

2. Two Types of Bonds — Know the Difference.
   - Blanket Bond (§ 12): Recorded before liens attach. Prevents any lien from attaching for work under the bonded contract. Used proactively by owners or GCs.
   - Target Bond (§ 14): Dissolves a specific, already-filed lien. Requires service of notice and bond copy on the claimant. Triggers 90-day deadline for claimant to sue.

3. Bond Amount. Under § 14, the target bond must be in a penal sum equal to the lien amount — not double or 150% as required in some other states.

4. Service of Bond Notice. Notice of the bond recording plus a copy of the bond must be served on the claimant by either (a) an officer qualified to serve civil process, or (b) personal delivery. Certified mail alone may not be sufficient.

5. Statement of Account vs. Notice of Contract. The Statement of Account (§ 8) is the Massachusetts equivalent of a mechanics' lien claim in other states. It must contain specific details including the names of all parties, the amount of the claim, and a description of the property. Filing the Statement of Account is a prerequisite to enforcement.

6. Registered Land. If the property is registered land under the Torrens system, lien procedures may differ. Consult MGL c. 185 and Land Court rules.

7. Signed Under Penalties of Perjury. Massachusetts commonly uses the phrase "signed under the pains and penalties of perjury" in lieu of traditional notarization for certain filings. The release, however, should be notarized for recording purposes.

8. Design Professional Liens. Since July 1, 2011, architects, engineers, and land surveyors have mechanics' lien rights in Massachusetts. Their liens are released using the same procedures as contractor liens.

9. Condominium Liens. When a lien is filed against a condominium unit, the release must specify the particular unit and should reference the master deed and unit deed.

10. Priority. Massachusetts mechanics' liens take priority from the date the Statement of Account is recorded, not from the date work commenced. This affects title searches and release urgency.

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Massachusetts mechanics' lien law has extremely strict deadlines that, if missed, result in permanent loss of lien rights. Consult a Massachusetts-licensed attorney before using any of these forms.

Sources and References:
- MGL c. 254, § 14 — Dissolution by Bond
- MGL c. 254 — Full Chapter
- Massachusetts Law About Mechanics' Liens — Mass.gov
- Massachusetts Mechanic's Lien Discharge Bond — Surety One