Mechanics Lien Release - Nevada

MECHANICS' LIEN RELEASE — NEVADA

NRS Chapter 108 — Mechanics' and Materialmen's Liens

PURPOSE: This document package provides forms and instructions for releasing, discharging, or compelling the removal of a previously recorded mechanics' lien (Notice of Lien) in the State of Nevada. A lien release removes the encumbrance from the property after payment, bonding, or court order.

TABLE OF CONTENTS

1. Full Release of Mechanics' Lien (Discharge of Notice of Lien)
2. Partial Release of Mechanics' Lien
3. Release by Surety Bond (NRS 108.2415)
4. Demand for Release of Lien
5. Motion to Release Frivolous or Excessive Lien (NRS 108.2275)
6. Recording Instructions
7. Statutory Deadlines and Penalties
8. Practitioner Notes

1. FULL RELEASE OF MECHANICS' LIEN

(Discharge of Notice of Lien — NRS 108.2437)

RECORDING REQUESTED BY:
[________________________________]

WHEN RECORDED, MAIL TO:
[________________________________]
[________________________________]
[________________________________]

APN: [________________________________]

DISCHARGE OF NOTICE OF LIEN

STATE OF NEVADA
COUNTY OF [________________________________]

The undersigned lien claimant hereby certifies, declares, and records the following discharge of a Notice of Lien:

1. ORIGINAL LIEN INFORMATION

2. DESCRIPTION OF WORK OR MATERIALS

The original Notice of Lien was recorded for the following labor, materials, equipment, or services:

[________________________________]
[________________________________]
[________________________________]

3. DISCHARGE DECLARATION

The undersigned lien claimant hereby declares that the above-referenced Notice of Lien has been fully satisfied and discharged. The lien claimant has received full payment in the amount of $[________________________________] and all sums due under the original claim have been paid in full.

The undersigned hereby releases, discharges, and cancels the Notice of Lien referenced above in its entirety, and consents to the removal of said lien as an encumbrance upon the above-described property.

4. STATUTORY COMPLIANCE

This Discharge is recorded pursuant to NRS 108.2437, which requires the lien claimant to record a discharge or release not later than 10 days after the notice of lien is fully satisfied or discharged.

5. CERTIFICATION

The undersigned certifies under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

Lien Claimant Signature: ______________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

Telephone: [________________________________]

Email: [________________________________]

NOTARIZATION

STATE OF NEVADA
COUNTY OF [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public in and for the State of Nevada, personally appeared [________________________________], who 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), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: ______________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

2. PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL DISCHARGE OF NOTICE OF LIEN

RECORDING REQUESTED BY:
[________________________________]

WHEN RECORDED, MAIL TO:
[________________________________]
[________________________________]

APN: [________________________________]

STATE OF NEVADA
COUNTY OF [________________________________]

1. ORIGINAL LIEN INFORMATION

2. PARTIAL RELEASE

The undersigned lien claimant acknowledges receipt of partial payment in the amount of $[________________________________] and hereby releases and discharges the above-referenced Notice of Lien to the extent of the partial payment received.

3. REMAINING LIEN AMOUNT

After application of the partial payment, the remaining balance of the lien is $[________________________________]. The Notice of Lien remains in full force and effect as to the remaining balance.

4. DESCRIPTION OF WORK RELEASED

The partial release applies to the following portion of labor, materials, or services:

[________________________________]
[________________________________]

5. PROPERTY RELEASED (if applicable)

☐ The partial release applies to the entire property but reduces the lien amount.

☐ The partial release applies only to the following portion of the property:
[________________________________]
[________________________________]
Legal Description: [________________________________]

6. RESERVATION OF RIGHTS

The undersigned expressly reserves all rights under the remaining lien balance, including the right to foreclose under NRS 108.239 for the unpaid amount. Nothing in this partial release shall be construed as a waiver of any rights not expressly released herein.

Lien Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

[NOTARIZATION — Same format as Section 1]

3. RELEASE BY SURETY BOND

(NRS 108.2415)

Nevada Law: A lien may be released from the property by recording a surety bond in an amount equal to one and one-half times (150%) the lienable amount stated in the Notice of Lien, executed by a surety authorized to do business in Nevada. (NRS 108.2415)

NOTICE OF SURETY BOND POSTED TO RELEASE MECHANICS' LIEN

TO: [________________________________] (Lien Claimant)
FROM: [________________________________] (Property Owner / Principal)

DATE: [__/__/____]

RE: Release of Notice of Lien by Surety Bond

You are hereby notified that a surety bond has been recorded to release the following Notice of Lien from the subject property:

BOND INFORMATION:

LEGAL EFFECT:

Pursuant to NRS 108.2415, the recording and service of this surety bond transfers the lien from the real property to the bond. The property is released from the lien. The lien claimant's rights, if any, are now enforceable solely against the surety bond.

SERVICE:

☐ Personal service on lien claimant on [__/__/____]
☐ Certified mail, return receipt requested, sent on [__/__/____]

IMPORTANT: Under NRS 108.2415, if the principal or surety fails to serve a copy of the surety bond on the lien claimant within 30 days after recording, the surety bond is void and the lien is reinstated.

Principal Signature: ______________________________

Printed Name: [________________________________]

Date: [__/__/____]

4. DEMAND FOR RELEASE OF LIEN

DEMAND TO DISCHARGE SATISFIED MECHANICS' LIEN

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [__/__/____]

TO:
[________________________________] (Lien Claimant)
[________________________________]
[________________________________]
[________________________________]

FROM:
[________________________________] (Property Owner / Interested Party)
[________________________________]
[________________________________]
[________________________________]

RE: Demand to Record Discharge of Notice of Lien — NRS 108.2437

Dear [________________________________]:

I. IDENTIFICATION OF LIEN

You recorded a Notice of Lien against the following property:

II. PAYMENT AND SATISFACTION

☐ Full payment of $[________________________________] was tendered and received by you on [__/__/____].

☐ Payment was made by: ☐ Check No. [____] ☐ Wire Transfer ☐ Cashier's Check ☐ Other: [________________________________]

☐ The lien has been satisfied by court order dated [__/__/____], Case No. [________________________________].

☐ The lien has expired and is no longer enforceable (NRS 108.239 — six-month foreclosure deadline passed).

III. DEMAND

Pursuant to NRS 108.2437, you are required to record a discharge or release of the Notice of Lien as soon as practicable, but not later than 10 days after the lien is fully satisfied or discharged. Your obligation to record the discharge arose on [__/__/____].

You have failed to record a discharge as of the date of this letter. DEMAND IS HEREBY MADE that you record a Discharge of Notice of Lien with the [________________________________] County Recorder within ten (10) days of your receipt of this demand.

IV. CONSEQUENCES OF FAILURE TO COMPLY

If you fail to record the discharge, you will be liable under NRS 108.2437 for:

• Any damages caused by the failure to record the discharge, or $100, whichever is greater;
• All court costs and attorney's fees incurred in a civil action to remove the lien; and
• Any additional damages resulting from the cloud on title.

Additionally, the undersigned may file a motion under NRS 108.2275 to have the lien released by court order and may seek reasonable costs and attorney's fees.

V. RESPONSE REQUESTED

Please confirm in writing within ten (10) days that the Discharge of Notice of Lien has been recorded, and provide the recording document number.

Sincerely,

______________________________
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

5. MOTION TO RELEASE FRIVOLOUS OR EXCESSIVE LIEN

(NRS 108.2275)

IN THE [____] JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR [________________________________] COUNTY

MOTION TO RELEASE NOTICE OF LIEN PURSUANT TO NRS 108.2275

[________________________________] ("Movant"), by and through undersigned counsel, hereby moves this Court for an order releasing the Notice of Lien recorded by [________________________________] ("Lien Claimant") and states as follows:

I. FACTUAL BACKGROUND

1. Movant is the owner of real property located at [________________________________], APN [________________________________], in [________________________________] County, Nevada.

2. On [__/__/____], Lien Claimant recorded a Notice of Lien against the Property, recorded as Document No. [________________________________] in the official records of [________________________________] County, Nevada.

3. The Notice of Lien claims a lien in the amount of $[________________________________] for alleged labor, materials, or services.

II. GROUNDS FOR RELIEF

☐ Frivolous Lien: The Notice of Lien is frivolous because:
☐ Lien Claimant did not furnish labor, materials, or services for the improvement of the Property.
☐ Lien Claimant has no contractual or statutory basis for the lien.
☐ The lien was recorded for purposes of harassment or coercion.
☐ Other: [________________________________]

☐ Excessive Lien: The Notice of Lien is excessive because:
☐ The claimed amount of $[________________________________] exceeds the reasonable value of labor, materials, or services actually provided, which was $[________________________________].
☐ The lien includes amounts not lienable under Nevada law.
☐ Other: [________________________________]

☐ Satisfied Lien: The Notice of Lien has been fully satisfied by payment of $[________________________________] on [__/__/____], and the Lien Claimant has failed to record a discharge within the 10-day period required by NRS 108.2437.

☐ Expired Lien: The Lien Claimant failed to commence a foreclosure action within six (6) months after recording the Notice of Lien, as required by NRS 108.239, and the lien has expired by operation of law.

III. STATUTORY AUTHORITY

NRS 108.2275 provides that the court shall conduct a hearing within not less than 15 days or more than 30 days after the court issues the order for hearing. If the Lien Claimant fails to appear, the Notice of Lien shall be released with prejudice, and the Lien Claimant shall be ordered to pay the reasonable costs incurred by Movant, including reasonable attorney's fees.

IV. RELIEF REQUESTED

Movant respectfully requests that this Court:

1. Issue an order setting a hearing on this Motion within 15 to 30 days;
2. Order the release of the Notice of Lien, Document No. [________________________________], with prejudice;
3. Award Movant reasonable costs and attorney's fees pursuant to NRS 108.2275;
4. Order the Lien Claimant to pay any damages caused by the improper lien; and
5. Grant such other relief as this Court deems just and proper.

DATED: [__/__/____]

Respectfully submitted,

______________________________
[________________________________], Esq.
Nevada Bar No. [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Movant

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing MOTION TO RELEASE NOTICE OF LIEN upon:

[________________________________]
[________________________________]
[________________________________]

☐ By personal service
☐ By certified mail, return receipt requested
☐ By electronic service through the Court's e-filing system

______________________________
[________________________________]

6. RECORDING INSTRUCTIONS

Nevada County Recorder Filing Requirements

Filing Office: County Recorder in the county where the property is located and where the original Notice of Lien was recorded.

General Requirements:

County Recorder Offices (Major Counties):

7. STATUTORY DEADLINES AND PENALTIES

8. PRACTITIONER NOTES

Key Considerations for Nevada Mechanics' Lien Releases

A. Mandatory Discharge Requirement

NRS 108.2437 imposes an affirmative obligation on the lien claimant to record a discharge within 10 days of satisfaction. This is not discretionary. Failure triggers automatic civil liability (damages or $100 minimum, plus fees). Practitioners representing property owners should send the demand letter (Section 4) immediately upon satisfaction to create a paper trail.

B. Surety Bond Strategy (NRS 108.2415)

The 150% bond requirement is one of the more aggressive in the western states. The bond must be recorded in the same county as the lien and served on the lien claimant within 30 days. Failure to serve voids the bond entirely — a critical trap for the unwary. Always obtain proof of service (certified mail with return receipt or process server affidavit).

C. Six-Month Foreclosure Deadline

Nevada's foreclosure deadline is relatively short at 6 months from recording. If the lien claimant fails to commence a foreclosure action within this period, the lien expires by operation of law. Property owners should calendar this date and, if it passes without action, use the Motion in Section 5 to clear the record.

D. Mining and Construction Distinction

Nevada's NRS Chapter 108 contains separate provisions for mining liens (NRS 108.010-108.100) and mechanics'/materialmen's liens (NRS 108.221-108.246). Ensure the correct statutory framework applies. Mining liens have different filing and release procedures.

E. NRS 108.2275 — Powerful Tool for Property Owners

The frivolous/excessive lien motion is a powerful and relatively fast remedy. The mandatory 15-30 day hearing timeline and automatic relief for lien claimant's failure to appear make this an effective tool. Courts may also reduce excessive liens to the proper amount without fully releasing them.

F. Residential vs. Commercial Distinctions

Nevada law distinguishes between residential and commercial projects in certain contexts. Residential projects (single-family dwellings) have specific notice requirements under NRS 108.245 that affect lien validity. Verify compliance before recording a release.

G. Title Insurance Considerations

Title companies in Nevada typically require a recorded Discharge of Notice of Lien (per NRS 108.2437 form) to remove a lien exception from title commitment. A court order or expired lien alone may require additional title company review. Practitioners should coordinate with the title company early.

H. Multiple Lien Claimants

When a project involves multiple subcontractors or suppliers, each lien must be separately released. A general contractor's release does not automatically release subcontractor or supplier liens. Verify all liens are discharged before closing.

SOURCES AND REFERENCES

• NRS Chapter 108 — Statutory Liens
• NRS 108.2275 — Frivolous or Excessive Lien
• NRS 108.2437 — Discharge of Notice of Lien
• NRS 108.2415 — Form of Surety Bond
• Nevada State Contractors Board — Mechanics' Liens