Mechanics Lien Release

CONSTRUCTION LIEN RELEASE

State of Wisconsin

Pursuant to Wis. Stat. Chapter 779

IMPORTANT WISCONSIN NOTE: Wisconsin uses the term "construction lien" under Wis. Stat. 779.01. Construction liens are filed with the Clerk of Circuit Court (not the Register of Deeds). Satisfaction of liens is also filed with the Clerk of Circuit Court. Wisconsin distinguishes between "prime contractors" (in direct contract with the owner) and subcontractors/suppliers.

TABLE OF CONTENTS

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

1. FULL RELEASE / SATISFACTION OF CONSTRUCTION LIEN

SATISFACTION OF CONSTRUCTION LIEN
Pursuant to Wis. Stat. 779.01(5)

Filed with: Clerk of Circuit Court, [________________________________] County

STATE OF WISCONSIN
COUNTY OF [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

Lien Claimant Information:

Property Owner Information:

Property Description:

Original Lien Information:

Satisfaction Declaration:

The undersigned Lien Claimant, pursuant to Wis. Stat. 779.01(5), having received satisfaction or tender of the claim with costs, for and in consideration of the sum of $[________________________________], receipt of which is hereby acknowledged, does hereby fully satisfy, release, and discharge the construction lien described above.

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

The Claimant warrants:

☐ The Claimant is the original lien claimant or the attorney who executed and filed the claim on the claimant's behalf
☐ Full payment of $[________________________________] has been received, including costs
☐ The lien has not been assigned or transferred
☐ The Claimant has authority to execute this satisfaction

The undersigned requests the Clerk of Circuit Court for [________________________________] County to enter satisfaction of this claim on the judgment and lien docket.

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

LIEN CLAIMANT:

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

If executed by Attorney who filed the Claim for Lien:

Attorney Name: [________________________________]
Firm: [________________________________]
WI Bar No.: [________________________________]
Signature: ______________________________

If Claimant is an Entity:

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

ACKNOWLEDGMENT

State of Wisconsin
County of [________________________________]

Personally came before me this [____] day of [________________], 20[____], [________________________________], to me known to be the person(s) who executed the foregoing instrument, and acknowledged the same.

Notary Public, State of Wisconsin: ______________________________
Printed Name: [________________________________]
My Commission: ☐ Is permanent ☐ Expires: [__/__/____]

[NOTARIAL SEAL]

2. PARTIAL RELEASE OF CONSTRUCTION LIEN

PARTIAL SATISFACTION OF CONSTRUCTION LIEN

Filed with: Clerk of Circuit Court, [________________________________] County

STATE OF WISCONSIN
COUNTY OF [________________________________]

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

Original Lien:

Partial Satisfaction:

The undersigned, in consideration of partial payment of $[________________________________], receipt acknowledged, hereby partially satisfies and releases a portion of the construction lien described above.

Lien Reduction:

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

Reason:

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

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

Signature: ______________________________
Printed Name: [________________________________]

ACKNOWLEDGMENT

State of Wisconsin
County of [________________________________]

Personally appeared [________________________________], who acknowledged the execution of this instrument on [__/__/____].

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

3. RELEASE BY BOND

Release of Construction Lien by Bond

Pursuant to Wis. Stat. 779.06

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, WISCONSIN

APPLICATION FOR RELEASE OF CONSTRUCTION LIEN BY BOND

The Applicant respectfully represents:

1. Lien Claimant filed a claim for construction lien on [__/__/____] with the Clerk of Circuit Court for [________________________________] County, claiming $[________________________________] against property at [________________________________], Wisconsin.

2. The Applicant is the ☐ Owner ☐ Prime Contractor ☐ Other interested party.

3. The Applicant desires to release the property from the lien by posting a bond pursuant to Wis. Stat. 779.06.

Bond Amount:

WHEREFORE, the Applicant requests:

(a) Acceptance of the attached surety bond;
(b) An order releasing the property from the construction lien;
(c) Substitution of the bond as security for the lien claim.

______________________________
Attorney for Applicant
[________________________________]
WI Bar No. [________________________________]

SURETY BOND FOR RELEASE OF CONSTRUCTION LIEN

Bond No.: [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

That [________________________________] ("Principal") and [________________________________] ("Surety"), authorized to do business in Wisconsin, are held and firmly bound unto [________________________________] ("Obligee/Lien Claimant") in the sum of $[________________________________].

CONDITION:

WHEREAS, the Obligee filed a claim for construction lien against property of the Principal; and

WHEREAS, the Principal desires to free the real property from the effect of the lien;

NOW, THEREFORE, if the Principal satisfies any judgment entered in favor of the Obligee in any lien foreclosure action, this bond shall be void; otherwise it remains in full force.

Effect: This bond frees the real property from the effect of the construction lien claim and any lien foreclosure action. The Obligee's rights are transferred to and enforceable against this bond.

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

[SURETY SEAL]

4. DEMAND FOR RELEASE OF CONSTRUCTION LIEN

[Owner/Attorney Letterhead]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR SATISFACTION OF CONSTRUCTION LIEN
Property: [________________________________], [________________________________] County, Wisconsin
Lien Docket Entry: [________________________________], [________________________________] County Circuit Court
Date Filed: [__/__/____]

Dear [________________________________]:

This is a formal demand for the immediate satisfaction and release of the construction lien you filed against the above-referenced property.

Basis for Demand:

☐ Full Payment Made (Wis. Stat. 779.01(5)). The Owner has paid the full amount claimed, plus costs. The sum of $[________________________________] was paid on [__/__/____]. Under Wis. Stat. 779.01(5), you are required, upon request and payment of costs of satisfying, to execute and deliver the necessary satisfaction.

☐ Lien Has Expired. The claim for lien was filed on [__/__/____]. No enforcement action has been commenced within the time required by Wis. Stat. 779.06. The lien has expired.

☐ Payment Bond in Effect (Wis. Stat. 779.035). A prime contractor payment bond has been furnished. Under Wis. Stat. 779.035, all liens except those of any prime contractor do not exist, and your claim should be directed against the bond.

☐ Lien Improperly Filed. The claim for lien does not comply with Wis. Stat. 779.02 because: [________________________________]

☐ Other: [________________________________]

Legal Consequences:

Under Wis. Stat. 779.01(5), every lien claimant who has received satisfaction or tender of the claim with costs shall, at the request of any person interested in the premises and on payment of costs of satisfying, execute and deliver the necessary satisfaction. Failure to do so may result in:

1. Court action to compel satisfaction;
2. Liability for costs and attorney's fees;
3. Potential damages for wrongful maintenance of lien.

Execute and deliver a satisfaction within fifteen (15) days of receipt.

Sincerely,

______________________________
[________________________________]

5. PETITION TO DISCHARGE CONSTRUCTION LIEN

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, WISCONSIN

PETITION TO COMPEL SATISFACTION OF CONSTRUCTION LIEN

Petitioner states:

I. PARTIES

1. Petitioner owns property at [________________________________], [________________________________] County, Wisconsin.

2. Respondent filed a claim for construction lien against the property.

II. BACKGROUND

3. On [__/__/____], Respondent filed a claim for construction lien with the Clerk of Circuit Court for [________________________________] County, entered on the judgment and lien docket as [________________________________], claiming $[________________________________].

4. Grounds for discharge:

☐ Full Payment (Wis. Stat. 779.01(5)). Petitioner paid in full ($[________________________________] on [__/__/____]). Respondent refuses to satisfy.

☐ Expired Lien. No enforcement action was commenced within the statutory period. The lien has expired.

☐ Payment Bond in Effect (Wis. Stat. 779.035). A prime contractor payment bond was furnished. Respondent's lien does not exist by operation of Wis. Stat. 779.035.

☐ Defective Lien. The claim for lien does not comply with statutory requirements because: [________________________________]

☐ Lien Waiver. The lien was waived in writing by the claimant pursuant to Wis. Stat. 779.01(5)(a).

☐ Bond Posted (Wis. Stat. 779.06). Petitioner posted a bond freeing the property.

III. LEGAL BASIS

5. Under Wis. Stat. 779.01(5), a lien claimant who has received satisfaction must execute and deliver a satisfaction upon request and payment of costs. On filing the satisfaction, the clerk enters satisfaction on the judgment and lien docket.

IV. RELIEF REQUESTED

WHEREFORE, Petitioner requests:

(a) An order compelling satisfaction of the construction lien;
(b) An order directing the Clerk of Circuit Court to enter satisfaction on the judgment and lien docket;
(c) Costs and attorney's fees;
(d) Such other relief as the Court deems just.

______________________________
Attorney for Petitioner
[________________________________]
WI Bar No. [________________________________]
[________________________________]
Phone: [________________________________]

VERIFICATION

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

______________________________
Petitioner

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

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

6. RECORDING INSTRUCTIONS

Wisconsin Construction Lien Release Filing Guide

Filing Office: Clerk of Circuit Court

IMPORTANT: Unlike most states, Wisconsin construction liens are filed with the Clerk of Circuit Court (not the Register of Deeds or County Recorder). Satisfactions are also filed with the Clerk of Circuit Court, who enters satisfaction on the judgment and lien docket.

Wisconsin has 72 counties, each with its own Clerk of Circuit Court.

Major County Circuit Court Offices:

Filing Requirements:

☐ Original signed satisfaction document
☐ Notarized acknowledgment (recommended)
☐ Filing fee (verify with Clerk of Circuit Court)
☐ Reference to original lien docket entry
☐ Property description consistent with original claim
☐ Executed by the lien claimant or the attorney who filed the original claim

Key Distinction:
Under Wis. Stat. 779.01(5), the satisfaction may be executed by either:

1. The lien claimant; OR
2. The attorney who executed and filed the claim for lien on the claimant's behalf

This is unique to Wisconsin and allows the attorney who filed the lien to also execute the satisfaction.

Process:

1. Claimant (or attorney) executes the satisfaction document
2. Deliver to the interested party (owner or other person requesting)
3. File with the Clerk of Circuit Court
4. Clerk enters satisfaction on the judgment and lien docket

7. STATUTORY REFERENCE TABLE

Wisconsin Construction Lien Statutes and Deadlines

Key Deadlines Summary

Payment Bond Effect (Wis. Stat. 779.035)

8. PRACTITIONER NOTES

Wisconsin-Specific Considerations

Clerk of Circuit Court Filing:
Wisconsin is distinctive in that construction liens are filed with the Clerk of Circuit Court rather than the county recorder or register of deeds. This means satisfactions are also filed with the Clerk, who enters the satisfaction on the judgment and lien docket. This system integrates lien records with the court system rather than the land records system.

Attorney May Execute Satisfaction:
Under Wis. Stat. 779.01(5), the satisfaction may be executed by either the lien claimant or the attorney who executed and filed the claim for lien on the claimant's behalf. This is a practical provision that can expedite the release process when the claimant is unavailable.

Payment Bond Eliminates Subcontractor Liens:
Wisconsin has a powerful payment bond provision under Wis. Stat. 779.035. When a prime contractor furnishes a payment bond pursuant to agreement with the owner, all liens except those of any prime contractor do not exist. This means subcontractors, material suppliers, and laborers have no lien rights on the property -- their claims are directed against the bond instead. This fundamentally changes the release analysis.

Lien Waiver by Writing Only:
Under Wis. Stat. 779.01(5)(a), a lien may only be waived by a writing signed by the lien claimant. No action by or agreement between any other persons can invalidate the lien, except full payment. This is a strong claimant-protection provision.

In Rem Foreclosure:
Wisconsin lien foreclosure is an in rem proceeding (against the property). When a bond is posted under Wis. Stat. 779.06, the property is freed from the lien, and unless personal judgment can otherwise be rendered, the owner is entitled to dismissal from the foreclosure action. The claimant's recovery is then limited to the bond.

Permanent Notary Commissions:
Wisconsin is one of few states where notary commissions can be permanent (no expiration). The acknowledgment on a lien satisfaction should indicate whether the notary's commission is permanent or has a specific expiration date.

72-County System:
Wisconsin has 72 counties. File the satisfaction with the same county Clerk of Circuit Court where the original claim for lien was filed.

Six-Month Filing Deadline:
Claims for construction liens must be filed within six months after the last date labor, services, or materials were furnished. If this deadline was missed, the underlying lien is invalid, simplifying the discharge.

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

Last Updated: 2026-03-05