Mechanics Lien Release - Pennsylvania

MECHANICS' LIEN RELEASE — PENNSYLVANIA

49 P.S. § 1101 et seq. — Mechanics' Lien Law of 1963

PURPOSE: This document package provides forms and instructions for releasing, discharging, or compelling the removal of a previously recorded mechanics' lien (Claim of Lien) in the Commonwealth of Pennsylvania. Pennsylvania's mechanics' lien system is unique among the states, using a formal claim filing process with the Prothonotary (not the Recorder of Deeds) and specialized procedures including praecipe, scire facias, and petition to open/strike.

TABLE OF CONTENTS

1. Satisfaction of Mechanics' Lien Claim
2. Partial Satisfaction of Mechanics' Lien Claim
3. Discharge by Deposit or Security (49 P.S. § 1510)
4. Demand for Satisfaction / Praecipe to File Complaint (49 P.S. § 1502)
5. Petition to Strike or Open Lien Claim
6. Filing and Recording Instructions
7. Statutory Deadlines and Penalties
8. Practitioner Notes

1. SATISFACTION OF MECHANICS' LIEN CLAIM

(49 P.S. § 1501 / § 1704)

Pennsylvania Law: Upon payment, satisfaction, or other discharge of the claim, verdict, or judgment, the claimant has a duty to enter satisfaction upon the record at the Prothonotary's office. (49 P.S. § 1704)

SATISFACTION OF MECHANICS' LIEN CLAIM

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

DOCKET NO.: [________________________________]

TERM NO.: [________________________________]

1. CLAIMANT INFORMATION

2. OWNER INFORMATION

3. ORIGINAL LIEN CLAIM INFORMATION

4. LEGAL DESCRIPTION OF PROPERTY

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

5. DESCRIPTION OF IMPROVEMENT

The mechanics' lien claim was filed in connection with the following improvement to real property:

[________________________________]
[________________________________]
[________________________________]

6. SATISFACTION

The undersigned claimant hereby certifies that the above-referenced mechanics' lien claim, filed at the above Docket Number and Term Number, has been fully paid, satisfied, and discharged.

The undersigned hereby enters satisfaction of the lien claim upon the record and authorizes the Prothonotary of [________________________________] County to mark the claim as satisfied of record.

This satisfaction is entered pursuant to 49 P.S. § 1704.

7. ADDITIONAL CERTIFICATIONS

☐ The judgment, if any, entered on the claim has been fully satisfied.

☐ All costs associated with the claim have been paid.

☐ The claimant waives and releases any and all rights to revive or re-file this claim.

8. EXECUTION

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Date: [__/__/____]

Attorney for Claimant (if applicable):

______________________________
[________________________________], Esq.
PA Bar ID No. [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]

ACKNOWLEDGMENT

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me, a Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained.

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

Notary Public: ______________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

2. PARTIAL SATISFACTION OF MECHANICS' LIEN CLAIM

PARTIAL SATISFACTION OF MECHANICS' LIEN CLAIM

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

DOCKET NO.: [________________________________]

1. ORIGINAL LIEN CLAIM INFORMATION

2. PARTIAL SATISFACTION

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

3. REMAINING CLAIM

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

4. SCOPE OF PARTIAL SATISFACTION

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

☐ The partial satisfaction releases the lien as to the following portion of the property:
Legal Description: [________________________________]
The lien remains in effect against the balance of the property.

5. RESERVATION OF RIGHTS

The undersigned expressly reserves all rights under the remaining claim balance, including the right to proceed to judgment and execution for the unpaid amount, and all other rights and remedies available under the Mechanics' Lien Law of 1963.

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

[ACKNOWLEDGMENT — Same format as Section 1]

3. DISCHARGE BY DEPOSIT OR SECURITY

(49 P.S. § 1510)

Pennsylvania Law: A mechanics' lien claim may be discharged by depositing with the court a sum equal to the amount of the claim. Alternatively, the owner may enter approved security (surety bond) in double the amount of the required deposit, or in such lesser amount as the court approves (but never less than the full claim amount). (49 P.S. § 1510)

PETITION TO DISCHARGE MECHANICS' LIEN BY DEPOSIT OR SECURITY

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

[________________________________] ("Petitioner"), owner of the property described herein, respectfully petitions this Honorable Court for an order discharging the mechanics' lien claim filed by [________________________________] ("Claimant") upon the deposit of funds or approved security, and avers as follows:

I. BACKGROUND

1. On [__/__/____], Claimant filed a mechanics' lien claim against property located at [________________________________], [________________________________] County, Pennsylvania, at Docket No. [________________________________], in the amount of $[________________________________].

2. Petitioner desires to discharge the lien from the property pursuant to 49 P.S. § 1510.

II. PROPOSED DISCHARGE METHOD

☐ Cash Deposit: Petitioner proposes to deposit with the Court the sum of $[________________________________], which is equal to the full amount of the claim.

☐ Surety Bond: Petitioner proposes to file approved security (surety bond) in the amount of $[________________________________] (double the claim amount), executed by [________________________________] (surety company authorized to do business in the Commonwealth of Pennsylvania). The proposed bond is attached as Exhibit A.

☐ Reduced Bond Amount: Petitioner requests Court approval to file a bond in the amount of $[________________________________], which is less than double but not less than the full amount of the claim, based on the following good cause: [________________________________]

III. BOND/SECURITY DETAILS (if applicable)

IV. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

1. Approve the deposit or security;
2. Order the mechanics' lien claim discharged from the property;
3. Order that the deposited funds or security stand in place of the lien for all purposes;
4. Grant such further relief as this Court deems just and proper.

DATED: [__/__/____]

Respectfully submitted,

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

Attorney for Petitioner

SURETY BOND TO DISCHARGE MECHANICS' LIEN

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

DOCKET NO.: [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

That [________________________________] ("Principal"), as principal, and [________________________________] ("Surety"), a corporation authorized to do business in the Commonwealth of Pennsylvania, as surety, are held and firmly bound unto [________________________________] ("Claimant") in the penal sum of $[________________________________].

RECITALS:

1. On [__/__/____], the Claimant filed a mechanics' lien claim at Docket No. [________________________________] in the Court of Common Pleas of [________________________________] County in the amount of $[________________________________] against property at [________________________________].

2. The Principal desires to discharge the lien from the property by filing this bond pursuant to 49 P.S. § 1510.

3. This bond is in the amount of:
   ☐ $[________________________________] — double the claim amount (standard)
   ☐ $[________________________________] — lesser amount approved by the Court (but not less than the claim amount)

CONDITION:

The condition of this bond is that the Principal and Surety shall pay any judgment that may be rendered in favor of the Claimant in connection with the mechanics' lien claim, together with all costs, up to the penal sum of this bond.

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 Attorney-in-Fact

4. DEMAND FOR SATISFACTION / PRAECIPE TO FILE COMPLAINT

(49 P.S. § 1502 / § 1704)

Pennsylvania's Unique Praecipe Procedure: If a claimant files a lien claim but does not file a complaint (to obtain a judgment), the owner may file a praecipe with the Prothonotary directing the claimant to file a complaint within twenty (20) days. If the claimant fails to file the complaint within 20 days after service, the Prothonotary enters judgment for the defendant (owner). (49 P.S. § 1502)

A. DEMAND FOR SATISFACTION (49 P.S. § 1704)

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [__/__/____]

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

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

RE: Written Request for Satisfaction of Mechanics' Lien Claim — 49 P.S. § 1704

Dear [________________________________]:

I. IDENTIFICATION OF LIEN CLAIM

You filed a mechanics' lien claim against the following property:

II. SATISFACTION OF CLAIM

The above-referenced lien claim has been fully satisfied:

☐ Full payment of $[________________________________] was made on [__/__/____].
☐ Payment method: ☐ Check No. [____] ☐ Wire Transfer ☐ Cashier's Check ☐ Other: [________________________________]
☐ The claim was satisfied by court judgment or settlement.
☐ Other: [________________________________]

III. DEMAND

Pursuant to 49 P.S. § 1704, you are hereby requested to enter satisfaction of the mechanics' lien claim upon the record at the Prothonotary's office of [________________________________] County within thirty (30) days of this written request.

IV. CONSEQUENCES OF FAILURE TO COMPLY

If you fail to enter satisfaction within thirty (30) days of this written request:

1. The Court, upon petition of any party in interest, may order the claim satisfied of record;
2. You will be subject to a penalty in favor of the aggrieved party in an amount determined by the Court to be just, not exceeding the amount of the claim ($[________________________________]); and
3. You may be liable for costs of the petition proceedings.

(49 P.S. § 1704)

Sincerely,

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

B. PRAECIPE TO FILE COMPLAINT (49 P.S. § 1502)

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

DOCKET NO.: [________________________________]

PRAECIPE

TO THE PROTHONOTARY:

Kindly enter a rule upon the Claimant in the above-captioned mechanics' lien action to file a complaint within twenty (20) days after service of this rule, or be forever barred from doing so, pursuant to 49 P.S. § 1502.

______________________________
[________________________________], Esq.
PA Bar ID No. [________________________________]
Attorney for Owner

DATED: [__/__/____]

RULE TO FILE COMPLAINT

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

DOCKET NO.: [________________________________]

AND NOW, this [____] day of [________________________________], 20[____], upon praecipe of the Owner, a rule is entered upon the Claimant to file a complaint within twenty (20) days after service of this rule, or be forever barred from filing a complaint in connection with the above-captioned mechanics' lien claim.

BY THE COURT:

______________________________
Prothonotary

Practice Note: After the 20-day period expires without a complaint being filed, file the following:

PRAECIPE FOR JUDGMENT

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

DOCKET NO.: [________________________________]

PRAECIPE

TO THE PROTHONOTARY:

The Claimant having failed to file a complaint within twenty (20) days after service of the Rule to File Complaint entered on [__/__/____], kindly enter judgment for the Defendant (Owner) in the above-captioned mechanics' lien action, pursuant to 49 P.S. § 1502.

Attached hereto is proof of service of the Rule to File Complaint upon the Claimant.

______________________________
[________________________________], Esq.
PA Bar ID No. [________________________________]
Attorney for Owner

DATED: [__/__/____]

5. PETITION TO STRIKE OR OPEN LIEN CLAIM

PETITION TO STRIKE / OPEN MECHANICS' LIEN CLAIM

IN THE COURT OF COMMON PLEAS OF [________________________________] COUNTY

[________________________________] ("Petitioner"), by and through undersigned counsel, respectfully petitions this Honorable Court for an order striking the mechanics' lien claim filed by [________________________________] ("Claimant") and avers as follows:

I. BACKGROUND

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

2. On [__/__/____], Claimant filed a mechanics' lien claim at the above Docket Number in the amount of $[________________________________].

II. GROUNDS TO STRIKE

☐ Untimely Filing: The lien claim was not filed within six (6) months of completion of work as required by 49 P.S. § 1502(a). Work was completed on [__/__/____], and the claim was filed on [__/__/____] — more than six months later.

☐ Failure to File Formal Claim: The claimant failed to perfect the lien by filing a claim with the Prothonotary within the required time.

☐ Defective Claim: The lien claim fails to comply with the requirements of 49 P.S. § 1501 because:
☐ It does not contain a substantially correct description of the property.
☐ It does not identify the nature of the work or the dates of performance.
☐ It does not name all necessary parties.
☐ Other: [________________________________]

☐ No Lienable Work: The labor or materials described in the claim are not lienable under 49 P.S. § 1301 because:
☐ The work does not constitute an "improvement" as defined by the statute.
☐ The claimant is not a person entitled to file a lien under 49 P.S. § 1301.
☐ Other: [________________________________]

☐ Residential Property — Failure to Comply with Residential Requirements: The claimant failed to provide the required written contract or notice to the property owner as required by 49 P.S. § 1501.1 for residential properties.

☐ Satisfaction: The lien claim has been fully satisfied by payment and the claimant has failed to enter satisfaction within 30 days of written request (49 P.S. § 1704).

☐ Judgment for Defendant: A judgment for the defendant (owner) was entered on [__/__/____] pursuant to the claimant's failure to file a complaint after praecipe under 49 P.S. § 1502.

III. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

1. Strike the mechanics' lien claim, Docket No. [________________________________];
2. Order the Prothonotary to mark the claim as stricken;
3. Impose the statutory penalty under 49 P.S. § 1704, not exceeding the amount of the claim ($[________________________________]), for failure to enter satisfaction;
4. Award Petitioner reasonable attorney's fees and costs;
5. Grant such other relief as this Court deems just and proper.

DATED: [__/__/____]

Respectfully submitted,

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

Attorney for Petitioner

VERIFICATION

COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [________________________________]

I, [________________________________], verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Date: [__/__/____]

______________________________
[________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Petition to Strike Mechanics' Lien Claim was served upon:

[________________________________]
[________________________________]
[________________________________]

☐ By first-class mail, postage prepaid
☐ By certified mail, return receipt requested
☐ By personal service
☐ By electronic filing and service

______________________________
[________________________________]

6. FILING AND RECORDING INSTRUCTIONS

Pennsylvania Filing Requirements — Unique System

CRITICAL DISTINCTION: Pennsylvania mechanics' lien claims are filed with the Prothonotary (the clerk of the Court of Common Pleas), NOT the Recorder of Deeds. This is a unique feature of Pennsylvania's system. However, the lien claim is also indexed against the property in the Prothonotary's lien index, providing constructive notice.

Filing Offices:

General Requirements:

Major Prothonotary Offices:

7. STATUTORY DEADLINES AND PENALTIES

8. PRACTITIONER NOTES

Key Considerations for Pennsylvania Mechanics' Lien Releases

A. Prothonotary Filing — Not Recorder of Deeds

The single most important distinction in Pennsylvania mechanics' lien practice is that claims are filed with the Prothonotary (Court of Common Pleas), not the Recorder of Deeds. This means satisfaction documents are also filed with the Prothonotary. Title companies search both the Prothonotary's lien index and the Recorder's records, so it is essential to file satisfaction in the correct office.

B. Praecipe to File Complaint (49 P.S. § 1502) — Powerful Owner Remedy

Pennsylvania's praecipe procedure is unique and extremely effective. The owner files a praecipe directing the Prothonotary to enter a rule requiring the claimant to file a complaint within 20 days. If the claimant fails to comply, the Prothonotary enters judgment for the owner without any court hearing. This is a ministerial act, not a judicial decision. The key is proper service of the rule upon the claimant.

C. 49 P.S. § 1704 Penalty — Substantial Potential Exposure

The penalty for failure to satisfy a lien within 30 days of written demand can be up to the full amount of the claim. This is a significant penalty that creates strong incentive for claimants to promptly enter satisfaction. The penalty is imposed by the court upon petition of the aggrieved party.

D. Bond Amount — Double the Claim

Pennsylvania's standard bond requirement of 200% (double) of the claim is among the highest in the nation. However, the court may approve a lesser amount, provided it is not less than 100% of the claim. Practitioners should consider requesting a reduced bond amount when the claim appears inflated.

E. Residential Property Requirements (49 P.S. § 1501.1)

For residential properties, the claimant must have a written contract with the owner to file a valid lien. Additionally, subcontractors must provide formal notice to the owner before filing a claim. Failure to comply with these residential-specific requirements provides strong grounds for a petition to strike.

F. Six-Month Filing Deadline

Pennsylvania allows six months from completion of work to file a lien claim. When evaluating a lien for discharge, verify that the claim was filed within this window. If the work was completed more than six months before the claim was filed, the lien is defective and subject to being stricken.

G. Two-Year Enforcement Period

A mechanics' lien claim must be enforced (complaint filed) within two years of the original filing date (49 P.S. § 1701). If this deadline passes, the lien is unenforceable. Alternatively, the owner can use the praecipe procedure (Section 4) to force action within 20 days.

H. Philadelphia County Specifics

Philadelphia County has local rules that may impose additional requirements for mechanics' lien filings and petitions. Practitioners should consult the Philadelphia County Court of Common Pleas local rules (specifically Commerce Program procedures) for any supplemental requirements.

I. Scire Facias — Historical Context

Pennsylvania historically used the scire facias writ to enforce mechanics' liens. While modern practice has moved toward complaint-based proceedings, some older liens and procedures may reference scire facias. The 1963 Mechanics' Lien Law largely replaced scire facias with the current praecipe/complaint procedure, but practitioners may encounter references to the older procedure in title records.

J. Title Insurance Considerations

Pennsylvania title companies require satisfaction to be entered at the Prothonotary's office. A court order striking the lien or a judgment for the owner is also acceptable. Title companies may not accept an expired lien as cleared without an affirmative court order or satisfaction of record.

SOURCES AND REFERENCES

• Mechanics' Lien Law of 1963 (Full Text)
• 49 P.S. § 1502 — Praecipe to File Complaint (FindLaw)
• 49 P.S. § 1501.2 — Satisfaction Provisions (FindLaw)
• 231 Pa. Code Chapter 1650 — Actions in Mechanics' Liens
• Pennsylvania Mechanics Lien FAQs — Levelset
• PA Mechanics' Lien Law — Cipriani & Werner