Mechanics Lien Release - Ohio

MECHANICS' LIEN RELEASE — OHIO

ORC Chapter 1311 — Mechanics' Liens

PURPOSE: This document package provides forms and instructions for releasing, discharging, or compelling the removal of a previously recorded mechanics' lien (Affidavit for Mechanic's Lien) in the State of Ohio. Ohio uses both "release" and "satisfaction" to describe the removal of a lien from the property.

TABLE OF CONTENTS

1. Full Release and Satisfaction of Mechanics' Lien
2. Partial Release of Mechanics' Lien
3. Release by Surety Bond (ORC 1311.11)
4. Demand for Release / Notice to Commence Suit
5. Motion to Discharge Lien
6. Recording Instructions
7. Statutory Deadlines and Penalties
8. Practitioner Notes

1. FULL RELEASE AND SATISFACTION OF MECHANICS' LIEN

RELEASE AND SATISFACTION OF MECHANIC'S LIEN

RECORDING REQUESTED BY:
[________________________________]

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

STATE OF OHIO
COUNTY OF [________________________________]

COUNTY RECORDER FILE/INSTRUMENT NO.: [________________________________]

1. LIEN CLAIMANT INFORMATION

2. PROPERTY OWNER INFORMATION

3. ORIGINAL LIEN INFORMATION

4. LEGAL DESCRIPTION OF PROPERTY

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5. DESCRIPTION OF IMPROVEMENT

The original Affidavit for Mechanic's Lien was filed for the following labor, materials, or services:

[________________________________]
[________________________________]
[________________________________]

6. RELEASE AND SATISFACTION

The undersigned lien claimant hereby certifies, acknowledges, and declares that the above-referenced mechanic's lien has been fully satisfied and discharged. The claimant has received full payment of all sums due under the original lien claim in the amount of $[________________________________].

The undersigned hereby releases, satisfies, and discharges the above-described mechanic's lien in its entirety and authorizes the County Recorder of [________________________________] County, Ohio, to note this satisfaction and release upon the records.

This release is executed pursuant to ORC 1311.14 and constitutes a full and complete satisfaction of the mechanic's lien.

7. ADDITIONAL CERTIFICATIONS

☐ All subcontractors and material suppliers furnishing labor or materials through the undersigned in connection with the above improvement have been paid in full.

☐ The undersigned has no further claims against the property or the owner for work performed or materials furnished in connection with the above improvement.

☐ The undersigned waives and releases any and all rights to re-file a mechanic's lien for the same labor, materials, or services described in the original Affidavit for Mechanic's Lien.

8. EXECUTION

Lien Claimant Signature: ______________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

NOTARIZATION

STATE OF OHIO
COUNTY OF [________________________________]

Before me, a Notary Public in and for said County and State, personally appeared [________________________________], who acknowledged that he/she/they did sign the foregoing instrument and that the same is his/her/their free act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at [________________________________], Ohio, this [____] day of [________________________________], 20[____].

Notary Public: ______________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

2. PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL RELEASE AND SATISFACTION OF MECHANIC'S LIEN

COUNTY RECORDER OF [________________________________] COUNTY, OHIO

INSTRUMENT NO. (Original Lien): [________________________________]

1. ORIGINAL LIEN INFORMATION

2. PARTIAL RELEASE

The undersigned lien claimant acknowledges receipt of partial payment in the amount of $[________________________________] and hereby partially releases and satisfies the above-referenced mechanic's lien to the extent of the payment received.

3. REMAINING LIEN

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

4. SCOPE OF PARTIAL RELEASE

☐ The partial release reduces the lien amount only. The lien continues to encumber the entire property.

☐ The partial release releases the lien as to the following parcel(s) only:
Permanent Parcel No.: [________________________________]
Legal Description: [________________________________]
The lien remains in effect against all remaining parcels.

5. RESERVATION OF RIGHTS

The undersigned expressly reserves all rights under the remaining lien balance, including the right to foreclose under ORC 1311.13 for the unpaid amount, and all other rights and remedies available under Ohio law.

Lien Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

[NOTARIZATION — Same format as Section 1]

3. RELEASE BY SURETY BOND

(ORC 1311.11)

Ohio Law: A property owner may discharge a mechanics' lien by posting a surety bond with the county recorder. The bond amount must be:
- Double (200%) the lien claim amount, OR
- One and one-half times (150%) the claim amount if the claim exceeds $5,000.
The bond must be approved by the Court of Common Pleas. (ORC 1311.11(C))

SURETY BOND TO DISCHARGE MECHANIC'S LIEN

IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY, OHIO

Case No.: [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

That [________________________________] ("Principal"), as principal, and [________________________________] ("Surety"), a surety company authorized to do business in the State of Ohio, as surety, are held and firmly bound unto [________________________________] ("Lien Claimant") in the penal sum of $[________________________________], for the payment of which we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

RECITALS:

1. On [__/__/____], the Lien Claimant filed an Affidavit for Mechanic's Lien with the Recorder of [________________________________] County, Ohio, Instrument No. [________________________________], claiming a lien in the amount of $[________________________________] against property located at [________________________________], Permanent Parcel No. [________________________________].

2. The Principal desires to discharge the lien from the property pursuant to ORC 1311.11.

3. This bond is in the amount of:
   ☐ $[________________________________] (double the claim amount — for claims of $5,000 or less)
   ☐ $[________________________________] (one and one-half times the claim amount — for claims exceeding $5,000)

CONDITION:

The condition of this bond is that the Principal shall pay any judgment rendered against the Principal in favor of the Lien Claimant, together with all costs of the action, up to the penal sum of this bond. Upon approval of this bond by the Court, the security of this bond shall be substituted for the security of the lien, and the lien shall be void and the property wholly discharged therefrom.

BOND DISCHARGE:

The Surety shall be discharged from this bond upon the occurrence of any of the following:

☐ The Lien Claimant fails to commence suit within sixty (60) days after service of a Notice to Commence Suit under ORC 1311.11.

☐ The action commenced by the Lien Claimant is dismissed with prejudice before adjudication.

☐ Final judgment is entered against the Lien Claimant.

☐ The judgment in favor of the Lien Claimant is paid in full, including all costs.

IN WITNESS WHEREOF, the undersigned have executed this bond on [__/__/____].

PRINCIPAL:

______________________________
[________________________________]
By: [________________________________]
Title: [________________________________]

SURETY:

______________________________
[________________________________] (Surety Company)
By: [________________________________]
Title: Attorney-in-Fact

[CORPORATE SEAL]

Attach: Power of Attorney for Surety's Attorney-in-Fact

PETITION FOR APPROVAL OF BOND

IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY, OHIO

Case No.: [________________________________]

[________________________________] ("Petitioner"), owner of the property described below, respectfully petitions this Court for approval of a surety bond to discharge a mechanic's lien pursuant to ORC 1311.11(C) and states:

1. On [__/__/____], [________________________________] ("Lien Claimant") filed an Affidavit for Mechanic's Lien, Instrument No. [________________________________], claiming a lien of $[________________________________] against property at [________________________________], [________________________________] County, Ohio.

2. Petitioner has obtained a surety bond from [________________________________] (Surety) in the amount of $[________________________________], which is ☐ double / ☐ one and one-half times the lien claim amount.

3. The bond is attached as Exhibit A.

WHEREFORE, Petitioner requests that this Court approve the bond, order the lien discharged, and order the County Recorder to note the discharge upon the records.

DATED: [__/__/____]

______________________________
[________________________________], Esq.
Ohio Supreme Court Reg. No. [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]

Attorney for Petitioner

4. DEMAND FOR RELEASE / NOTICE TO COMMENCE SUIT

(ORC 1311.11)

Ohio Law: A property owner may serve a written notice on the lien claimant requiring the claimant to commence suit to enforce the lien within sixty (60) days. If the claimant fails to commence suit within 60 days, the lien is void and the property is wholly discharged. (ORC 1311.11)

NOTICE TO COMMENCE SUIT ON MECHANIC'S LIEN

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND/OR PERSONAL SERVICE

Date: [__/__/____]

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

FROM:
[________________________________] (Property Owner)
[________________________________]
[________________________________]
[________________________________]

RE: Notice to Commence Suit Pursuant to ORC 1311.11

Dear [________________________________]:

I. IDENTIFICATION OF LIEN

You filed an Affidavit for Mechanic's Lien against the following property:

II. NOTICE TO COMMENCE SUIT

Pursuant to ORC 1311.11, you are hereby notified and required to commence a suit to enforce your mechanic's lien within sixty (60) days from the date of service of this notice.

III. CONSEQUENCES OF FAILURE TO COMMENCE SUIT

If you fail to commence suit upon the lien within sixty (60) days after completion of service of this notice, or if any action commenced is dismissed with prejudice before adjudication, the lien shall be void and the property shall be wholly discharged from the lien, pursuant to ORC 1311.11.

IV. ALTERNATIVE: VOLUNTARY RELEASE

If you acknowledge that the lien has been satisfied or that no valid basis exists for the lien, please execute and record a Release and Satisfaction of Mechanic's Lien with the [________________________________] County Recorder.

V. ADDITIONAL GROUNDS (if applicable)

☐ The lien was fully satisfied by payment of $[________________________________] on [__/__/____], and you have failed to record a release.

☐ The sixty (60) day filing period under ORC 1311.07 has expired without a valid lien filing.

☐ The lien contains material deficiencies that render it invalid.

VI. SERVICE

This notice is served upon you by:
☐ Certified mail, return receipt requested, on [__/__/____]
☐ Personal service on [__/__/____]
☐ Ordinary mail (as supplemental service) on [__/__/____]

Sincerely,

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

5. MOTION TO DISCHARGE LIEN

MOTION TO DISCHARGE MECHANIC'S LIEN AND RELEASE PROPERTY

IN THE COURT OF COMMON PLEAS
[________________________________] COUNTY, OHIO

[________________________________] ("Movant"), by and through undersigned counsel, respectfully moves this Court for an order discharging the mechanic's lien filed by [________________________________] ("Lien Claimant") and states as follows:

I. BACKGROUND

1. Movant is the owner of real property located at [________________________________], Permanent Parcel No. [________________________________], in [________________________________] County, Ohio.

2. On [__/__/____], Lien Claimant filed an Affidavit for Mechanic's Lien with the [________________________________] County Recorder, Instrument No. [________________________________], claiming a lien in the amount of $[________________________________].

II. GROUNDS FOR DISCHARGE

☐ Failure to Commence Suit After Notice (ORC 1311.11):
A Notice to Commence Suit was served on Lien Claimant on [__/__/____] (Exhibit A). More than sixty (60) days have elapsed, and Lien Claimant has failed to commence suit. The lien is therefore void by operation of law.

☐ Satisfaction of Lien:
The lien has been fully satisfied by payment of $[________________________________] on [__/__/____], and the Lien Claimant has refused or failed to record a release.

☐ Defective Lien Filing:
The Affidavit for Mechanic's Lien is defective because:
☐ It was not filed within sixty (60) days of completion of work or last furnishing of materials (ORC 1311.06).
☐ It fails to include the required statutory information under ORC 1311.06.
☐ The work or materials described are not lienable under Ohio law.
☐ The claimant is not a person entitled to a lien under ORC 1311.02.
☐ Other: [________________________________]

☐ Expiration of Foreclosure Deadline:
The Lien Claimant failed to commence a foreclosure action within six (6) years of the date the affidavit was filed, as required by ORC 1311.13.

☐ Bond Substitution:
A surety bond has been posted and approved by this Court. The property should be discharged and the lien transferred to the bond.

III. RELIEF REQUESTED

Movant respectfully requests that this Court:

1. Order the discharge of the mechanic's lien, Instrument No. [________________________________];
2. Order the [________________________________] County Recorder to note the discharge on the records;
3. Award Movant costs and reasonable attorney's fees;
4. Grant such other relief as the Court deems just and proper.

DATED: [__/__/____]

Respectfully submitted,

______________________________
[________________________________], Esq.
Ohio Supreme Court Reg. No. [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Movant

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Motion to Discharge Mechanic's Lien was served upon:

[________________________________]
[________________________________]
[________________________________]

☐ By certified mail, return receipt requested
☐ By ordinary U.S. mail
☐ By personal service
☐ By electronic filing (if applicable)

______________________________
[________________________________]

6. RECORDING INSTRUCTIONS

Ohio County Recorder Filing Requirements

Filing Office: County Recorder of the county where the property is located and where the original Affidavit for Mechanic's Lien was recorded.

General Requirements:

Major County Recorder Offices:

7. STATUTORY DEADLINES AND PENALTIES

8. PRACTITIONER NOTES

Key Considerations for Ohio Mechanics' Lien Releases

A. 60-Day Filing Deadline Is Critical

Ohio requires the Affidavit for Mechanic's Lien to be filed within 60 days after completion of the improvement or the last furnishing of labor or materials (ORC 1311.06). When evaluating a lien for release, first verify whether the lien was timely filed. A lien filed beyond the 60-day window is invalid and subject to discharge on that ground alone.

B. Notice to Commence Suit — Primary Owner Remedy

The ORC 1311.11 Notice to Commence Suit is the primary tool for Ohio property owners to force resolution. After proper service, the lien claimant has exactly 60 days to file suit. If no suit is filed, the lien is void by operation of law. This is a powerful, frequently used remedy.

C. Bond Amounts — Tiered System

Ohio's bond requirements use a tiered system:

• Claims of $5,000 or less: Bond must be double (200%) the claim
• Claims exceeding $5,000: Bond must be 150% of the claim

This tiered approach makes bonding more affordable for larger claims, which are more common in commercial construction.

D. Court of Common Pleas Jurisdiction

All mechanics' lien matters, including bond approval and lien discharge, are within the exclusive jurisdiction of the Court of Common Pleas in the county where the property is located. Municipal courts and county courts lack jurisdiction over lien matters.

E. Notice of Commencement and Notice of Furnishing

Ohio's lien system relies on a Notice of Commencement (filed by the owner, ORC 1311.04) and Notice of Furnishing (filed by subcontractors, ORC 1311.05). When releasing a lien, verify whether these notices were properly served, as failure to comply may invalidate the lien and provide grounds for discharge.

F. Six-Year Foreclosure Period

Ohio has one of the longer foreclosure deadlines in the country — six years from the date the affidavit was filed (ORC 1311.13). This means a lien can encumber property for up to six years unless discharged by bond, notice to commence suit, or court order. For property owners, the Notice to Commence Suit (Section 4) is the most efficient way to force earlier resolution.

G. Residential vs. Commercial Projects

Ohio's mechanics' lien law applies to both residential and commercial projects, but with different notice requirements. The Notice of Commencement is particularly important for residential projects, as failure to file it may limit the owner's ability to assert certain defenses.

H. Title Insurance Considerations

Ohio title companies require a recorded Release and Satisfaction of Mechanic's Lien to remove the lien exception. If the lien has been voided by failure to respond to a Notice to Commence Suit, a court order confirming the void status may be required by the title company before removing the exception.

SOURCES AND REFERENCES

• ORC Chapter 1311 — Liens
• ORC 1311.11 — Notifying Lienholder to Commence Suit
• Ohio Mechanics Lien FAQs — Levelset
• Ohio Lien Release Bond — Surety One
• Summit County Recorder — Affidavit for Mechanic's Lien Form