Release and Discharge of Mechanics' Lien

RELEASE AND DISCHARGE OF MECHANICS' LIEN

(Maine — 10 MRSA § 3251 et seq.)

IMPORTANT: Maine mechanics' liens are enforced through court action (Superior Court or District Court) and preserved through a notice of lien filed with the Registry of Deeds. The enforcement action must be commenced within 120 days after the last labor or materials are furnished. This is one of the shortest deadlines in the nation. Release procedures must address both the court action and the recorded notice of lien.

FORM 1: FULL RELEASE AND DISCHARGE OF MECHANICS' LIEN

(After Full Payment)

RELEASE AND DISCHARGE OF MECHANICS' LIEN

STATE OF MAINE
COUNTY OF [________________________________]

FOR RECORDING IN THE [________________________________] COUNTY REGISTRY OF DEEDS

Lien Information

Release Declaration

The undersigned Lien Claimant hereby declares and certifies:

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

2. Lien Released and Discharged. The mechanics' lien preserved by the Notice of Lien recorded at Book [________________________________], Page [________________________________], in the [________________________________] County Registry of Deeds, and enforced in the above-referenced court action, is hereby fully released, discharged, and satisfied.

3. No Further Claim. The Claimant has no further lien, claim, or encumbrance against the above-described property, building, wharf, pier, or real estate arising from the labor, services, or materials that gave rise to the lien.

4. Court Action Dismissed. The Claimant ☐ has filed ☐ will promptly file a voluntary dismissal or satisfaction of judgment in the above-referenced court action, Docket No. [________________________________].

5. Recording Authorization. The Claimant authorizes the Register of Deeds for [________________________________] County to record this Release and to note the discharge of the lien.

6. Compliance with 33 MRSA § 653. This release is being filed within 60 days of satisfaction of the lien obligation, as required by Maine law.

7. Indemnification. The Claimant agrees to indemnify and hold harmless the Owner and Owner's successors and assigns from any loss, cost, or expense, including reasonable attorney fees, arising from any third-party claim related to the work covered by the released lien.

Claimant Signature

Signed this [____] day of [________________], 20[____].

LIEN CLAIMANT:

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

Acknowledgment

STATE OF MAINE
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], and acknowledged the foregoing instrument to be his/her free act and deed.

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

(Maine notaries — commission is for 7-year terms)

FORM 2: PARTIAL RELEASE OF MECHANICS' LIEN

(After Partial Payment)

PARTIAL RELEASE AND REDUCTION OF MECHANICS' LIEN

STATE OF MAINE
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 discharges the lien to the extent of $[________________________________] and reduces the outstanding lien amount to $[________________________________].

3. The mechanics' 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, claim, or remedy not expressly released herein.

LIEN CLAIMANT:

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

ACKNOWLEDGMENT:

(Same form as Form 1 above)

FORM 3: RELEASE OF MECHANICS' LIEN BY SURETY BOND

(10 MRSA § 3263 — Owner Petitions Court and Posts Bond)

PETITION FOR RELEASE OF PROPERTY FROM MECHANICS' LIEN

STATE OF MAINE

[________________________________] ☐ SUPERIOR COURT ☐ DISTRICT COURT
[________________________________] COUNTY / DIVISION

DOCKET NO.: [________________________________]

[________________________________],
Petitioner / Property Owner,

v.

[________________________________],
Respondent / Lien Claimant (Lienor).

PETITION FOR RELEASE PURSUANT TO 10 MRSA § 3263

Now comes [________________________________] ("Owner"), the owner of the building, wharf, pier, or real estate upon which a lien is claimed, and petitions this Court for release of the property from the mechanics' lien, and in support thereof states:

I. PROPERTY AND LIEN

1. The Petitioner is the owner of ☐ a building ☐ a wharf ☐ a pier ☐ real estate located at [________________________________], in the ☐ City ☐ Town of [________________________________], County of [________________________________], State of Maine.

2. The Respondent, [________________________________], claims a mechanics' lien on the above-described property under 10 MRSA §§ 3251 to 3254.

3. The lien action is pending in this Court, Docket No. [________________________________].

4. The Respondent filed a Notice of Lien with the [________________________________] County Registry of Deeds on [__/__/____], at Book [________________________________], Page [________________________________].

5. The amount of the lien claim is $[________________________________].

II. PROPERTY INFORMATION

6. The Petitioner's interest in the property is: ☐ Fee simple owner ☐ Life estate holder ☐ Lessee ☐ Other: [________________________________]

7. The estimated value of the property is: $[________________________________]

8. The Petitioner desires to have the property released from the lien.

III. REQUEST FOR BOND

9. Pursuant to 10 MRSA § 3263, the Petitioner requests that this Court:

a. Issue a written notice to the Respondent (lienor) or the Respondent's attorney, to be served at least 10 days prior to the hearing;

b. Conduct a hearing on this Petition;

c. Order the Petitioner to give a bond to the Respondent (lienor) in such amount and with such sureties as the Court may approve, conditioned to pay the amount for which the lienor may be entitled to a lien as determined by the Court, with costs, within 30 days after final decree or judgment;

d. Upon the filing of such bond, order the property released from the lien.

IV. PROPOSED BOND

10. The Petitioner proposes to post a bond in the following form:

☐ Surety Bond — Issued by [________________________________] (surety company), in the amount of $[________________________________]
☐ Cash Bond — In the amount of $[________________________________]
☐ Other Security — [________________________________]

Respectfully submitted,

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

PROPOSED ORDER — RELEASE BY BOND

DOCKET NO.: [________________________________]

ORDER FOR RELEASE OF PROPERTY FROM MECHANICS' LIEN

Upon the Petition of [________________________________], Owner, and after hearing held on [__/__/____], notice having been duly served on the Lienor not fewer than 10 days prior to the hearing as required by 10 MRSA § 3263, and the Court finding that:

1. The Petitioner is the owner of the property described in the Petition;
2. A lien is claimed against the property under 10 MRSA §§ 3251-3254;
3. It is appropriate to release the property from the lien upon the posting of a bond;

IT IS HEREBY ORDERED:

A. The Petitioner shall give a bond to the Lienor in the amount of $[________________________________], with surety approved by this Court, conditioned to pay the amount for which the Lienor may be entitled to a lien as determined by the Court, with costs in the action, within 30 days after final decree or judgment;

B. Upon the filing of said bond, the property described in the Petition is hereby released from the mechanics' lien;

C. The Lienor's claim shall attach to the bond in lieu of the real property;

D. The Register of Deeds for [________________________________] County shall note the release of the Notice of Lien upon presentation of a certified copy of this Order.

______________________________
Justice / Judge
Date: [__/__/____]

FORM 4: DEMAND FOR RELEASE OF MECHANICS' LIEN

(Letter Demanding Lien Holder Release After Payment — Citing 33 MRSA § 653)

[LETTERHEAD OR SENDER INFORMATION]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR RELEASE AND DISCHARGE OF MECHANICS' LIEN

Property: [________________________________]
Registry of Deeds: [________________________________] County
Book/Page: [________________________________]
Court Docket No.: [________________________________]
Lien Amount: $[________________________________]

Dear [________________________________]:

This firm represents [________________________________] ("Owner"), the owner of the above-referenced property. We write to demand the immediate release and discharge of the mechanics' lien 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 [__/__/____]. Your lien is satisfied and must be released.

☐ Failure to Enforce Within 120 Days. You failed to commence an action to enforce your lien within 120 days after the last labor or materials were furnished, as required by 10 MRSA § 3255. Your last day of work/delivery was [__/__/____]. The 120-day deadline expired on [__/__/____]. Your lien has therefore expired by operation of law.

☐ Failure to File Notice of Lien Within 60 Days. You failed to file a Notice of Lien with the Registry of Deeds within 60 days after the court clerk issued the certificate, as required by 10 MRSA § 3261.

☐ Failure to Record Sworn Statement (Subcontractor). As a person not under direct contract with the owner, you failed to file a sworn statement in the Registry of Deeds within 90 days after ceasing to provide labor or materials, as required by 10 MRSA § 3253.

☐ Other Ground: [________________________________].

STATUTORY OBLIGATION TO REMOVE — 33 MRSA § 653

Pursuant to 33 MRSA § 653, you are required to remove the lien within 60 days of satisfaction or discharge. Failure to comply may subject you to liability for damages, including attorney fees and costs incurred by the Owner in removing the satisfied lien.

DEMAND

You are hereby demanded to:

1. Execute and deliver a Release and Discharge of Mechanics' Lien in recordable form within fifteen (15) days of receipt of this letter;

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

3. File a voluntary dismissal or satisfaction in the court action, Docket No. [________________________________];

4. Provide copies of all filed documents to the undersigned.

CONSEQUENCES OF NON-COMPLIANCE

Failure to comply will result in:

1. A Petition for Release under 10 MRSA § 3263 to remove the lien by bond;
2. An action for damages, including all attorney fees and costs;
3. Pursuit of all available legal remedies.

Very truly yours,

______________________________
[________________________________]
Attorney for [________________________________]
Maine Bar No.: [________________________________]

FORM 5: MOTION TO COMPEL DISCHARGE OF MECHANICS' LIEN

(Court Filing to Compel Release of Expired or Satisfied Lien)

STATE OF MAINE

[________________________________] ☐ SUPERIOR COURT ☐ DISTRICT COURT
[________________________________] COUNTY / DIVISION

DOCKET NO.: [________________________________]

[________________________________],
Movant / Property Owner,

v.

[________________________________],
Respondent / Lien Claimant.

MOTION TO COMPEL DISCHARGE AND RELEASE OF MECHANICS' LIEN

Now comes [________________________________] ("Owner"), and moves this Court to compel the discharge and release of the mechanics' lien claimed against the Owner's property, and in support states:

I. BACKGROUND

1. Movant is the owner of property located at [________________________________], in the ☐ City ☐ Town of [________________________________], County of [________________________________], Maine.

2. Respondent claims a mechanics' lien on the property under 10 MRSA §§ 3251-3254.

3. Respondent filed a Notice of Lien with the [________________________________] County Registry of Deeds on [__/__/____], Book [________________________________], Page [________________________________].

4. The lien claim amount is $[________________________________].

II. GROUNDS FOR DISCHARGE

5. The mechanics' lien should be discharged for the following reason(s):

☐ a. Full Payment. The obligation has been paid in full. Payment of $[________________________________] was made on [__/__/____]. Respondent has been demanded to release the lien but has refused or failed to do so.

☐ b. Failure to Enforce Within 120 Days. Respondent failed to commence an action to enforce the lien within 120 days after the last labor, services, or materials were furnished, as required by 10 MRSA § 3255. The 120-day period expired on [__/__/____].

☐ c. Failure to File Sworn Statement (Subcontractor — 90 Days). Respondent, not being in direct contract with the owner, failed to file a sworn statement in the Registry of Deeds within 90 days of ceasing to provide labor or materials, as required by 10 MRSA § 3253.

☐ d. Failure to File Notice of Lien (60 Days). Respondent failed to file a Notice of Lien with the Registry of Deeds within 60 days after the clerk issued the certificate of the lien action, as required by 10 MRSA § 3261.

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

☐ f. Failure to Remove Satisfied Lien (33 MRSA § 653). Respondent has failed to remove the lien within 60 days of satisfaction, in violation of 33 MRSA § 653.

III. DAMAGES

6. The Owner has suffered damages as a result of the Respondent's failure to release the lien:

☐ Inability to sell or refinance: $[________________________________]
☐ Carrying costs: $[________________________________]
☐ Attorney fees and costs: $[________________________________]
☐ Other: [________________________________]

IV. PRAYER FOR RELIEF

WHEREFORE, the Movant requests that this Court:

A. Order the immediate discharge and release of the mechanics' lien;

B. Order the Register of Deeds for [________________________________] County to cancel the Notice of Lien recorded at Book [________________________________], Page [________________________________];

C. Award the Movant damages and attorney fees;

D. Grant such other relief as justice requires.

Respectfully submitted,

______________________________
[________________________________]
Attorney for Movant
Maine Bar No.: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

RECORDING INSTRUCTIONS — MAINE

Where to Record

Document Requirements

☐ Original document with original signature(s)
☐ Acknowledgment before a notary public or attorney at law
☐ Reference the original Notice of Lien by Book and Page number
☐ Include legal description of the property
☐ Include the court docket number for the lien enforcement action
☐ Recording fee (contact county Registry of Deeds for current fee)

Filing Steps for Complete Release

1. ☐ Record Release of Mechanics' Lien at the Registry of Deeds
2. ☐ File voluntary dismissal or satisfaction of judgment with the court
3. ☐ If a lis pendens was recorded, file a release of lis pendens at the Registry of Deeds
4. ☐ Provide copies to all parties (owner, title company, lender)

STATUTORY DEADLINES AND REQUIREMENTS — MAINE

PRACTITIONER NOTES — MAINE

Key Practice Points

1. 120-Day Enforcement Deadline Is Critical. Maine's 120-day deadline to commence an enforcement action (from the date the last labor/materials were furnished) is one of the shortest in the nation. Once this period expires, the lien is extinguished. This creates a natural release mechanism — if no suit has been filed within 120 days, the owner can demand release of the recorded notice.

2. 90-Day Filing for Subcontractors. Persons not under direct contract with the owner (subcontractors, materialmen) must file a sworn statement in the Registry of Deeds within 90 days of ceasing to provide labor or materials. Failure to file this sworn statement defeats the lien.

3. Two-Part Process. Maine lien enforcement requires both: (a) commencing a court action within 120 days, and (b) filing a Notice of Lien with the Registry of Deeds within 60 days of the clerk issuing a certificate. Release must address both the court action and the recorded notice.

4. Petition for Release — 10 MRSA § 3263. The owner may petition the court where the lien action is pending for release upon posting a bond. The court must give the lienor at least 10 days' written notice before the hearing. The bond must be conditioned to pay the lien amount plus costs within 30 days after final judgment.

5. Obligation to Remove — 33 MRSA § 653. Maine statute requires the lien holder to remove a satisfied lien from the property records within 60 days of satisfaction. This is an affirmative obligation on the lien claimant, and failure to comply creates a basis for an action for damages.

6. Professional Services. Maine's lien statute covers surveyors, architects, foresters, engineers, real estate licensees, and equipment renters in addition to traditional contractors and materialmen. All such professionals' liens are released using the same procedures.

7. Land vs. Building. If the property owner does not own the underlying land, the lien attaches only to the building or structure, not the land. A release should be drafted accordingly.

8. Recording vs. Court Filing. Remember that releasing a Maine mechanics' lien requires action in two places: (a) the Registry of Deeds (to cancel the Notice of Lien) and (b) the court (to dismiss or satisfy the action). Failure to address both leaves an incomplete release.

9. No Self-Help Cancellation. Unlike some states where a lien automatically expires from the records after a set period, Maine notices of lien remain on the record until affirmatively released. An owner must take action to remove an expired lien.

10. Recent Amendments. 10 MRSA § 3251 was amended in 2025 (PL 2025, c. 390). Confirm that the current version of the statute is being applied.

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Maine's mechanics' lien law has exceptionally short deadlines that can result in loss of lien rights. Consult a Maine-licensed attorney before using any of these forms.

Sources and References:

• 10 MRSA § 3251 — Lien Established
• 10 MRSA § 3263 — Petition for Release
• Maine Mechanics' Liens — State Legislature Library
• Maine Mechanics Lien Guide — Levelset
• Maine Release of Mechanic Lien Forms — Deeds.com