Mechanics Lien Release (Recorded Lien Cancellation)

RELEASE / DISCHARGE OF MECHANICS LIEN

(New Hampshire)

IMPORTANT: NEW HAMPSHIRE LIEN PERFECTION IS UNIQUE

New Hampshire does not use the standard "record a claim of lien with the county recorder" system used by most states. Instead:

1. Lien Duration: A mechanics lien under RSA 447:2-7 continues for 120 days after services are performed or materials are furnished, unless payment is made (RSA 447:9).

2. Perfection by Attachment: To preserve the lien beyond 120 days, the claimant must secure the lien by attachment of the property through a court action (writ of attachment) while the lien continues (RSA 447:10).

3. Release/Discharge: Because the lien is either (a) an unperfected statutory lien that expires after 120 days, or (b) perfected through a court attachment, release procedures differ from most states:
   - If the lien has NOT been attached: It expires automatically after 120 days. No release document is needed, but a voluntary release may be filed to clear title sooner.
   - If the lien HAS been attached: Release requires either (a) voluntary release/dissolution of attachment by the claimant, (b) court order, or (c) posting of a bond/substitute security.

PART ONE: VOLUNTARY RELEASE OF MECHANICS LIEN (UNATTACHED LIEN)

(For use when the lien has not been perfected by attachment, or to provide formal documentation of lien release)

1. Lien Information

2. Parties

3. Lien Claim Details

4. Release Statement

The undersigned, [________________________________] ("Claimant"), having asserted a mechanics lien against the above-described property pursuant to RSA Chapter 447, hereby voluntarily and unconditionally releases, discharges, and relinquishes all right, title, interest, and claim under said mechanics lien against the above-described real property and all improvements thereon.

Reason for Release:

☐ Full payment has been received in the amount of $[________________________________], representing complete satisfaction of all sums claimed under the lien.

☐ Settlement and compromise have been reached between the parties, with the Claimant accepting $[________________________________] in full and final satisfaction of all claims.

☐ The 120-day lien period under RSA 447:9 has expired without attachment, and the Claimant confirms the lien no longer exists.

☐ The underlying claim has been resolved by agreement or court order.

☐ Other: [________________________________]

Note Regarding RSA 447:14: This release is not given in exchange for a promissory note. Per RSA 447:14, "no lien shall be defeated by taking a note, unless it was taken in discharge of the amount due and of the lien." If any note or promise to pay has been exchanged in connection with this release, it was taken expressly in discharge of both the amount due and the lien.

Effective Date of Release: [__/__/____]

The Claimant warrants that no assignment, transfer, or encumbrance of the lien or the underlying claim has been made, and that the Claimant has full authority to execute this release.

5. Claimant Execution

Signature: ______________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

If Claimant is an Entity:

Entity Name: [________________________________]

By: ______________________________ Its: [________________________________]

6. Notarization

STATE OF NEW HAMPSHIRE
County of [________________________________]

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public/Justice of the Peace, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies).

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

Notary Public / Justice of the Peace: ______________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(NOTARIAL SEAL)

PART TWO: RELEASE AND DISSOLUTION OF ATTACHMENT (ATTACHED/PERFECTED LIEN)

(For use when the mechanics lien has been perfected by writ of attachment under RSA 447:10)

1. Court and Attachment Information

2. Property Subject to Attachment

3. Release and Dissolution Statement

The undersigned, [________________________________] ("Claimant/Plaintiff"), being the party who obtained and recorded a writ of attachment against the above-described property in connection with the mechanics lien action identified above, hereby releases and dissolves said attachment and releases all claim of lien under RSA Chapter 447 against the property.

Reason for Release:

☐ Full payment has been received in the amount of $[________________________________], satisfying all claims.

☐ Settlement has been reached. The Claimant accepts $[________________________________] in full satisfaction.

☐ Judgment has been entered and satisfied in full on [__/__/____].

☐ The parties have agreed to substitute security (bond or deposit) in lieu of the attachment.

☐ Other: [________________________________]

The Claimant authorizes and directs the [________________________________] County Registry of Deeds to discharge the attachment of record.

Effective Date of Dissolution: [__/__/____]

4. Dissolution Execution

Signature: ______________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

(Notarization required for recording — use same form as Part One, Section 6.)

PART THREE: PARTIAL RELEASE OF MECHANICS LIEN

1. Partial Release Statement

The undersigned, [________________________________] ("Claimant"), having asserted a mechanics lien (and/or attachment) against the property described below, hereby partially releases said lien as follows:

Original Lien/Attachment Information:

Partial Payment Received: $[________________________________]

Remaining Lien Balance: $[________________________________]

Scope of Partial Release:

☐ Reduction in Amount Only. The lien/attachment amount is reduced from $[________________________________] to $[________________________________].

☐ Release of Specific Parcel(s). The following described portion of the property is released:

Released Parcel Description: [________________________________]

Released Parcel Address: [________________________________]

☐ Combination. Both a reduction in amount and release of specific parcels as described above.

Remaining Lien. The Claimant expressly reserves all rights as to the unreleased amount and any unreleased property.

This partial release is effective as of [__/__/____].

2. Partial Release Execution

Signature: ______________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

(Notarization required if recording with Registry of Deeds.)

PART FOUR: RELEASE BY SUBSTITUTE SECURITY / BOND

1. Motion for Substitution of Security

(Filed in the court where the attachment action is pending)

STATE OF NEW HAMPSHIRE
[________________________________] SUPERIOR COURT

Defendant/Property Owner, [________________________________], respectfully moves this Court to dissolve the attachment on Defendant's real property upon the posting of a surety bond or cash deposit, and states:

1. Plaintiff obtained a writ of attachment against Defendant's real property at [________________________________], [________________________________] County, New Hampshire, in connection with a mechanics lien claim under RSA Chapter 447.

2. The attachment was recorded at the [________________________________] County Registry of Deeds, Book [________________________________], Page [________________________________], on [__/__/____], in the amount of $[________________________________].

3. Defendant has obtained a surety bond / proposes to deposit cash in the amount of $[________________________________], which is sufficient to secure Plaintiff's claim.

4. Dissolution of the attachment upon posting of substitute security will not prejudice Plaintiff's rights, as the bond/deposit will provide equivalent security.

Bond/Deposit Information:

OR

| Cash Deposit Amount | $[________________________________] |
| Deposit to be held by | Clerk of [________________________________] Court |

WHEREFORE, Defendant respectfully requests that this Court:

a. Authorize the posting of a surety bond / cash deposit in the amount stated above;
b. Enter an order dissolving the attachment on Defendant's real property;
c. Direct the [________________________________] County Registry of Deeds to discharge the attachment of record; and
d. Grant such other relief as the Court deems just.

DATED: [__/__/____]

______________________________
[________________________________]
Attorney for Defendant/Property Owner
[________________________________]
NH Bar No. [________________________________]

PART FIVE: DEMAND FOR RELEASE OF MECHANICS LIEN

(Letter from Property Owner to Lien Claimant)

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

To:
[________________________________]
[________________________________]
[________________________________]

Re: Demand for Release of Mechanics Lien / Dissolution of Attachment
Property: [________________________________]
County: [________________________________], New Hampshire
Court/Docket No.: [________________________________] (if applicable)
Registry of Deeds Book/Page: [________________________________] (if applicable)

Dear [________________________________]:

I am the owner (or authorized representative of the owner) of the above-referenced property. You have asserted a mechanics lien against this property under RSA Chapter 447, and/or have obtained an attachment of the property recorded at the [________________________________] County Registry of Deeds.

I hereby demand that you release this lien and/or dissolve the attachment for the following reason(s):

☐ Full payment has been made. The total amount of $[________________________________] has been paid in full on [__/__/____], satisfying all obligations underlying the lien claim. Proof of payment is attached hereto as Exhibit [____].

☐ The 120-day lien period has expired. Under RSA 447:9, a mechanics lien continues for only 120 days after the last services are performed or materials furnished. The last furnishing date was [__/__/____], and the 120-day period expired on [__/__/____]. No attachment was made during the lien period, and the lien has therefore expired.

☐ The attachment is excessive. The attachment amount of $[________________________________] exceeds the actual amount due. The correct amount due is $[________________________________] or less.

☐ The lien/attachment was improperly obtained. [________________________________]

☐ Other: [________________________________]

Legal Consequences of Failure to Release:

Under New Hampshire law:

1. A lien claimant who refuses to release a satisfied lien may be liable for damages, including costs of clearing title and interference with property transactions.

2. Under RSA 447:12-a, willfully false affidavits regarding construction work constitute a misdemeanor (natural persons) or felony (other entities).

3. The property owner may petition the court for dissolution of the attachment and recovery of costs and attorney's fees.

Demand. You are hereby demanded to execute and deliver a release of lien and/or dissolution of attachment within fifteen (15) days of receipt of this demand. If you have obtained a court attachment, you are further demanded to file a stipulation of dismissal or consent to dissolution of the attachment.

Failure to comply will result in the pursuit of all available legal remedies.

Sincerely,

______________________________
[________________________________]
[________________________________]
[________________________________]

PART SIX: PETITION TO DISSOLVE ATTACHMENT / DISCHARGE LIEN

(Filed in New Hampshire Superior Court)

Caption

STATE OF NEW HAMPSHIRE
[________________________________] SUPERIOR COURT

Petition

Petitioner, [________________________________], respectfully petitions this Court to dissolve the attachment and discharge the mechanics lien asserted against Petitioner's property, and states:

I. BACKGROUND

1. Petitioner is the owner of real property located at [________________________________], in [________________________________] County, New Hampshire.

2. On [__/__/____], Respondent obtained a writ of attachment against the Property in connection with a mechanics lien claim under RSA Chapter 447, and caused the attachment to be recorded at the [________________________________] County Registry of Deeds, Book [________________________________], Page [________________________________].

3. The attachment secures an alleged lien claim in the amount of $[________________________________] for: [________________________________].

II. GROUNDS FOR DISSOLUTION

4. Petitioner is entitled to dissolution of the attachment and discharge of the lien on the following grounds:

☐ Full Payment. All amounts due under the lien claim have been paid and satisfied in full on [__/__/____]. Proof of payment is attached as Exhibit [____].

☐ Expiration of 120-Day Lien Period (RSA 447:9). The lien was not secured by attachment within the 120-day statutory period. The last furnishing was [__/__/____], and the 120-day period expired on [__/__/____].

☐ Excessive Attachment. The attachment amount exceeds the actual amount owed. The correct amount is $[________________________________] or less.

☐ Posting of Substitute Security. Petitioner is prepared to post a surety bond / cash deposit in the amount of $[________________________________] to secure Respondent's claim while freeing the property from the attachment.

☐ Improper Lien/Attachment. The lien and/or attachment were improperly obtained because: [________________________________].

III. PRIOR DEMAND

5. On [__/__/____], Petitioner demanded that Respondent release the lien and dissolve the attachment. Respondent has failed to do so. A copy of the demand is attached as Exhibit [____].

IV. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

a. Enter an order dissolving the attachment on the Property;

b. Direct the [________________________________] County Registry of Deeds to discharge the attachment of record;

c. Declare the mechanics lien claim discharged and unenforceable;

d. Award Petitioner damages, reasonable attorney's fees, and costs; and

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

DATED: [__/__/____]

______________________________
[________________________________]
Attorney for Petitioner
[________________________________]
NH Bar No. [________________________________]

Verification

STATE OF NEW HAMPSHIRE
County of [________________________________]

I, [________________________________], being duly sworn, depose and say that I am the Petitioner in the foregoing Petition, that I have read the same, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

______________________________
[________________________________]

Subscribed and sworn to before me on [__/__/____].

Notary Public / Justice of the Peace: ______________________________
My Commission Expires: [__/__/____]

PART SEVEN: RECORDING INSTRUCTIONS AND STATUTORY REFERENCE

New Hampshire Recording and Filing Requirements

County Registry of Deeds — New Hampshire Counties

Statutory Deadlines and Key Provisions — New Hampshire

Practitioner Notes — New Hampshire

1. Attachment-Based System. New Hampshire's mechanics lien system is fundamentally different from most states. There is no "recording a claim of lien" with the Registry of Deeds as a perfection step. Instead, the lien exists automatically for 120 days under RSA 447:9, and must be preserved through a court attachment (writ of attachment) under RSA 447:10. This makes New Hampshire one of the most unusual lien jurisdictions in the country.

2. 120-Day Period Is Critical. The 120-day lien period begins running from the date of last furnishing. If the claimant does not obtain a writ of attachment within this window, the lien expires completely. There is no "late filing" option. After expiration, the claimant may still have breach of contract claims but loses the lien security.

3. Voluntary Release for Title Clearance. Even though an unattached lien expires automatically after 120 days, title companies may still request a voluntary release from the claimant for transactional certainty. The Part One release form provides this documentation.

4. Dissolution of Attachment. For perfected (attached) liens, formal release requires dissolving the attachment. This may be done by (a) stipulation filed with the court, (b) court order, or (c) satisfaction of the underlying judgment. The Part Two form covers voluntary dissolution.

5. No Statutory Bond-for-Lien Substitution. Unlike many states that have specific bond substitution statutes allowing an owner to post a bond and automatically discharge a lien, New Hampshire does not have a comparable "bond to release lien" statute for private construction. The owner must petition the court to dissolve the attachment upon posting substitute security.

6. RSA 447:14 — Note Does Not Discharge. This unique provision means that simply accepting a promissory note does not release the lien. The note must be expressly given "in discharge of the amount due and of the lien." Practitioners should ensure release language is explicit.

7. Public Project Distinction. For public projects, RSA 447:15-18 governs. Since liens cannot attach to public property, the remedy is through payment bonds. Claims must be filed within 90 days of project completion, and petitions to the Superior Court must be filed within 1 year.

8. Title Examination. When examining title in New Hampshire for construction-related encumbrances, check for recorded attachments in the Registry of Deeds (not claims of lien), and confirm whether the 120-day lien period has passed since the last known work on the property.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. All mechanics lien releases should be reviewed by a licensed New Hampshire attorney before recording or filing. New Hampshire law may change; verify all statutory citations before use.