Mechanics Lien Release

MECHANICS' LIEN RELEASE

Commonwealth of Virginia

Pursuant to Va. Code Ann. Title 43

TABLE OF CONTENTS

1. Certificate of Release / Full Release of Mechanics' Lien
2. Partial Release of Mechanics' Lien
3. Release by Bond
4. Demand for Release of Mechanics' Lien
5. Petition to Discharge Mechanics' Lien
6. Recording Instructions
7. Statutory Reference Table
8. Practitioner Notes

IMPORTANT VIRGINIA NOTE: Virginia uses a memorandum of mechanic's lien system (Va. Code 43-4). The lien is perfected by recording a memorandum of lien in the clerk's office of the circuit court. Releases must reference this memorandum. Virginia is also an independent city / county jurisdiction, meaning some cities have their own circuit court clerks separate from the surrounding county.

1. CERTIFICATE OF RELEASE / FULL RELEASE OF MECHANICS' LIEN

CERTIFICATE OF RELEASE OF MECHANIC'S LIEN
Pursuant to Va. Code Ann. 43-67 and 55.1-339

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]
[________________________________]

Cross-Reference: Instrument No. [________________________________] / Deed Book [____], Page [____]

COMMONWEALTH OF VIRGINIA
[________________________________] COUNTY / CITY

KNOW ALL PERSONS BY THESE PRESENTS:

Lien Claimant Information:

Property Owner Information:

Property Description:

Original Memorandum of Lien Information:

Certificate of Release:

The undersigned Lien Claimant hereby certifies that the debt secured by the memorandum of mechanic's lien described above has been paid in full and satisfied.

Pursuant to Va. Code Ann. 43-67 and 55.1-339, the undersigned does hereby release, satisfy, and discharge the mechanic's lien described above, recorded in the Clerk's Office of the Circuit Court for [________________________________] County/City, Virginia.

This Certificate of Release constitutes a complete release and satisfaction of all sums, claims, and demands secured by the memorandum of lien, including principal, interest, costs, and attorney's fees.

The Claimant warrants:

☐ The Claimant is the original lien claimant or authorized assignee
☐ Payment of $[________________________________] has been received in full satisfaction
☐ The lien has not been assigned or transferred
☐ The Claimant has authority to execute this certificate

IN WITNESS WHEREOF, the undersigned has executed this Certificate of Release on [__/__/____].

LIEN CLAIMANT:

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

If Claimant is an Entity:

Entity Name: [________________________________]
By: ______________________________
Name: [________________________________]
Title: [________________________________]

ACKNOWLEDGMENT

Commonwealth of Virginia
[________________________________] County/City, to-wit:

The foregoing instrument was acknowledged before me this [____] day of [________________], 20[____], by [________________________________].

Notary Public: ______________________________
Printed Name: [________________________________]
Registration No.: [________________________________]
My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

2. PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL RELEASE OF MECHANIC'S LIEN

Recording Requested By:
[________________________________]

When Recorded, Return To:
[________________________________]
[________________________________]

Cross-Reference: Instrument No. [________________________________]

COMMONWEALTH OF VIRGINIA
[________________________________] COUNTY / CITY

Lien Claimant: [________________________________]
Property Owner: [________________________________]
Property Address: [________________________________], Virginia

Original Memorandum of Lien:

Partial Release:

The undersigned, in consideration of partial payment of $[________________________________], receipt of which is acknowledged, hereby partially releases and discharges a portion of the mechanic's lien described above.

Lien Reduction:

The remaining lien of $[________________________________] continues in full force and effect.

Reason for Partial Release:

☐ Partial payment received
☐ Disputed portion resolved
☐ Release of specific parcel(s)
☐ Court-ordered partial release
☐ Other: [________________________________]

IN WITNESS WHEREOF, executed on [__/__/____].

Signature: ______________________________
Printed Name: [________________________________]

ACKNOWLEDGMENT

Commonwealth of Virginia
[________________________________] County/City, to-wit:

Acknowledged before me this [____] day of [________________], 20[____], by [________________________________].

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

3. RELEASE BY BOND

Application for Release of Mechanic's Lien by Bond

Pursuant to Va. Code Ann. 43-70 / 43-71

IN THE CIRCUIT COURT FOR [________________________________] COUNTY / CITY

APPLICATION FOR PERMISSION TO FILE BOND TO RELEASE MECHANIC'S LIEN

The Applicant, [________________________________], respectfully represents to this Court:

Status of Proceedings (select one):

☐ After Suit Filed (Va. Code 43-70). A suit to enforce the mechanic's lien has been filed in this Court as Case No. [________________________________]. The Applicant seeks permission to file a bond to release the property.

☐ Before Suit Filed (Va. Code 43-71). No suit to enforce the mechanic's lien has yet been filed. The Applicant seeks permission to file a bond before suit pursuant to Va. Code 43-71.

1. The Lienor, [________________________________], recorded a memorandum of mechanic's lien on [__/__/____], as Instrument No. [________________________________], in the Clerk's Office of the Circuit Court for [________________________________] County/City.

2. The memorandum claims a lien in the amount of $[________________________________] against property located at [________________________________], Virginia.

3. The Applicant is the ☐ Owner ☐ General Contractor ☐ Other party in interest.

4. Five (5) days' notice of this application has been given to the lienor as required by statute.

Bond Amount Calculation (Double the Lien Amount Plus Costs):

5. The proposed surety is [________________________________], which is ☐ a corporate surety ☐ approved by the Court.

WHEREFORE, the Applicant requests:

(a) Permission to pay into Court the amount sufficient to discharge the lien, OR permission to file a bond in the penalty of double the lien amount plus costs;
(b) Upon such payment or bond filing, an order releasing the property from the lien;
(c) Such other relief as the Court deems just.

______________________________
Attorney for Applicant
[________________________________]
VSB No. [________________________________]
[________________________________]
Phone: [________________________________]

SURETY BOND FOR RELEASE OF MECHANIC'S LIEN

Pursuant to Va. Code Ann. 43-70 / 43-71

Bond No.: [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

That [________________________________] ("Principal") and [________________________________] ("Surety"), a corporation authorized to do business in the Commonwealth of Virginia, are held and firmly bound unto [________________________________] ("Obligee/Lienor") in the penal sum of $[________________________________] (being double the amount of the lien and costs), for which payment we bind ourselves jointly and severally.

CONDITION:

WHEREAS, the Obligee has recorded a memorandum of mechanic's lien against property of the Principal; and

WHEREAS, the Principal has obtained permission from the Circuit Court for [________________________________] County/City to file this bond pursuant to Va. Code 43-70/43-71;

NOW, THEREFORE, the condition of this bond is for the payment of such judgment as may be rendered adjudicating the lien(s) to be valid and determining the amount for which the same would have been enforceable against the real estate. Upon payment of the judgment or the penalty of this bond (whichever is less), this obligation shall be void; otherwise it remains in full force.

Principal: ______________________________
Surety: ______________________________
Date: [__/__/____]

[SURETY SEAL]

Approved by the Court:

______________________________
Judge, Circuit Court
Date: [__/__/____]

4. DEMAND FOR RELEASE OF MECHANICS' LIEN

[Owner/Attorney Letterhead]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR RELEASE OF MECHANIC'S LIEN
Property: [________________________________], [________________________________] County/City, Virginia
Memorandum of Lien: Instrument No. [________________________________], Deed Book [____], Page [____]
Date of Recording: [__/__/____]

Dear [________________________________]:

This is a formal demand for the immediate release and satisfaction of the mechanic's lien you recorded against the above-referenced property.

Basis for Demand:

☐ Full Payment Made. The sum of $[________________________________] was paid on [__/__/____]. Under Va. Code 43-67, the lien must be released in the manner provided by Va. Code 55.1-339 and 55.1-341.

☐ Lien Has Expired. Under Va. Code 43-4, a memorandum of lien must be recorded within the statutory period. Further, suit to enforce the lien must be filed within the time required by Va. Code 43-17 (six months from date of recording or completion/termination of work). The enforcement deadline has passed.

☐ Bond Filed. A bond has been filed under Va. Code 43-70 or 43-71, releasing the property from the lien.

☐ Lien Improperly Filed. The memorandum of lien does not comply with Va. Code 43-4 because: [________________________________]

☐ Other: [________________________________]

Demand:

Execute and record a Certificate of Release within fifteen (15) days of receipt of this letter.

Consequences:

Failure to release the lien will result in:

1. Application to the Circuit Court for permission to file a bond under Va. Code 43-70/43-71;
2. Petition to compel release with recovery of costs and attorney's fees;
3. Pursuit of all other remedies available under Virginia law, including damages for slander of title.

Sincerely,

______________________________
[________________________________]

5. PETITION TO DISCHARGE MECHANICS' LIEN

IN THE CIRCUIT COURT FOR [________________________________] COUNTY / CITY

PETITION TO DISCHARGE MECHANIC'S LIEN

Petitioner, by counsel, states:

I. PARTIES

1. Petitioner owns property at [________________________________], [________________________________] County/City, Virginia.

2. Respondent recorded a memorandum of mechanic's lien against the property.

II. BACKGROUND

3. Respondent recorded a memorandum of mechanic's lien on [__/__/____] as Instrument No. [________________________________], in the Clerk's Office for [________________________________] County/City, claiming $[________________________________].

4. Grounds for discharge:

☐ Full Payment (Va. Code 43-67). Petitioner paid in full ($[________________________________] on [__/__/____]). Respondent refuses to release.

☐ Expired Enforcement Period (Va. Code 43-17). Respondent failed to file suit within six (6) months from the later of: (a) the date the memorandum was recorded, or (b) the date of last work. The lien is void.

☐ Defective Memorandum (Va. Code 43-4). The memorandum fails to comply with statutory requirements because: [________________________________]

☐ Bond or Payment Into Court (Va. Code 43-70/43-71). Petitioner has filed a bond or paid the lien amount into court.

☐ Lien Not Properly Perfected. The lien claimant failed to comply with notice or filing requirements under Title 43.

III. RELIEF REQUESTED

WHEREFORE, Petitioner requests:

(a) An order discharging and canceling the memorandum of lien;
(b) Direction to the Clerk to note the discharge on the records;
(c) Costs and attorney's fees;
(d) Such other relief as the Court deems just.

______________________________
Counsel for Petitioner
[________________________________]
VSB No. [________________________________]
[________________________________]
Phone: [________________________________]

VERIFICATION

I, [________________________________], state under penalty of perjury that the facts in this Petition are true and correct.

______________________________
Petitioner
Date: [__/__/____]

6. RECORDING INSTRUCTIONS

Virginia Lien Release Recording Guide

Recording Office: Clerk of the Circuit Court

Virginia has 95 counties and 38 independent cities, many with their own circuit court clerks. Record the release in the same jurisdiction where the original memorandum of lien was recorded.

Note on Independent Cities: Virginia's independent cities (Richmond, Norfolk, Virginia Beach, Alexandria, etc.) are not part of any county and have their own circuit court clerk's offices.

Major Circuit Court Clerk Offices:

Recording Requirements:

☐ Original signed certificate of release or satisfaction
☐ Notarized acknowledgment
☐ Recording fee (verify current fee with Clerk's office; Virginia has a deed recordation tax)
☐ Cross-reference to original memorandum of lien (Instrument No., Deed Book/Page)
☐ Property identification (address, tax map number, GPIN if applicable)
☐ Return address on the document
☐ Virginia Form CC-1515 (Certificate of Release of Mechanics Lien) may be used

Document Format Requirements:

• Paper size: 8.5" x 11" or 8.5" x 14"
• Margins: Sufficient for recording stamp (3" top margin on first page preferred)
• Ink: Black ink
• Font: Legible, minimum 10-point
• Must reference original recording
• Notarized acknowledgment required

7. STATUTORY REFERENCE TABLE

Virginia Mechanics' Lien Statutes and Deadlines

Key Deadlines Summary

Bond Requirements (Va. Code 43-70 / 43-71)

8. PRACTITIONER NOTES

Virginia-Specific Considerations

Memorandum of Lien System:
Virginia uses a "memorandum of mechanic's lien" rather than a direct lien claim. The memorandum must be a verified document containing specific statutory content and must be recorded in the clerk's office of the circuit court for the county or city where the property is located.

Double-Amount Bond Requirement:
Virginia requires a bond in the penalty of double the lien amount plus costs. This is among the highest bond requirements nationally. Both cash payment into court and surety bonds are acceptable, but both require court approval after five days' notice to the lienor.

Court Approval Required for Bond:
Unlike some states where posting a bond automatically releases the lien, Virginia requires the property owner to apply to the circuit court for permission to pay into court or file a bond. The lienor must receive five days' notice before the application is made. This adds procedural complexity.

Independent City System:
Virginia's unique system of independent cities (38 total) means practitioners must carefully identify whether the property is in a county or an independent city, as each has its own circuit court clerk's office. For example, the City of Richmond and Henrico County are separate jurisdictions with separate recording offices.

Six-Month Enforcement Deadline:
The lienor must file suit within six months from the later of: (a) the date the memorandum was recorded, or (b) the date the work was last performed or materials last furnished. This dual deadline requires careful calculation.

Form CC-1515:
Virginia provides an official form (CC-1515) for the Certificate of Release of Mechanics Lien. While use of this specific form may not be mandatory, it is recommended as it is readily accepted by circuit court clerks and contains all required elements.

Release Procedure Cross-Reference:
Va. Code 43-67 cross-references Va. Code 55.1-339 and 55.1-341 for the manner of release. These general lien release statutes apply to mechanics' liens "insofar as appropriate." Practitioners should review these companion statutes for the specific procedural requirements.

Contractor License Requirement:
Virginia requires contractor licensing for most construction work. An unlicensed contractor may not be able to enforce a mechanics' lien. When challenging a lien, verify the claimant's license status with the Virginia Department of Professional and Occupational Regulation (DPOR).

This template is provided for informational purposes only and does not constitute legal advice. Consult a qualified Virginia attorney before use. Laws and procedures are subject to change; verify all statutory citations against current law.

Last Updated: 2026-03-05