MECHANICS' LIEN RELEASE

State of West Virginia

Pursuant to W.Va. Code Chapter 38, Article 2

TABLE OF CONTENTS

1. Full Release of Mechanics' Lien
2. Partial Release of Mechanics' Lien
3. Release by Escrow Deposit / 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 WEST VIRGINIA NOTE: West Virginia records mechanics' liens with the Clerk of the County Commission (not a separate recorder's office). The state provides a unique escrow deposit mechanism under W.Va. Code 38-2-36 for discharging liens. Releases may be recorded either as a marginal notation on the original lien record or as a separate release instrument.

1. FULL RELEASE OF MECHANICS' LIEN

RELEASE AND DISCHARGE OF MECHANICS' LIEN
Pursuant to W.Va. Code 38-2-36

Recording Requested By:
[________________________________]

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

Cross-Reference: Deed Book [____], Page [____] / Trust Deed Book [____], Page [____]

STATE OF WEST VIRGINIA
COUNTY OF [________________________________]

KNOW ALL PERSONS BY THESE PRESENTS:

Lien Claimant (Lien Creditor) Information:

Property Owner Information:

Property Description:

Original Lien Information:

Release Declaration:

The undersigned Lien Creditor, for and in consideration of the sum of $[________________________________], receipt of which is hereby acknowledged, does hereby fully, finally, and unconditionally release, satisfy, and discharge the mechanics' lien described above, recorded in the office of the Clerk of the County Commission of [________________________________] County, West Virginia.

Pursuant to W.Va. Code 38-2-36, the lien creditor either:

☐ Causes the Clerk of the County Commission to enter a discharge of the lien in the margin of the book where the account is entered; OR
☐ Executes this release to be recorded in the book where the notice is entered and noted on the margin of the notice.

The Creditor warrants:

☐ The Creditor is the original lien claimant or authorized assignee
☐ Full payment of $[________________________________] has been received
☐ The lien has not been assigned or transferred
☐ The Creditor has authority to execute this release

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

LIEN CREDITOR:

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

If Creditor is an Entity:

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

ACKNOWLEDGMENT

State of West Virginia
County of [________________________________], to-wit:

I, [________________________________], a Notary Public in and for the state and county aforesaid, do certify that [________________________________], whose name is signed to the foregoing writing, has acknowledged the same before me in my said county.

Given under my hand this [____] day of [________________], 20[____].

My Commission Expires: [__/__/____]

Notary Public: ______________________________

[NOTARIAL SEAL]

2. PARTIAL RELEASE OF MECHANICS' LIEN

PARTIAL RELEASE OF MECHANICS' LIEN

Recording Requested By:
[________________________________]

Cross-Reference: Deed Book [____], Page [____]

STATE OF WEST VIRGINIA
COUNTY OF [________________________________]

Lien Creditor: [________________________________]
Property Owner: [________________________________]
Property Address: [________________________________], West Virginia

Original Lien:

Partial Release:

The undersigned, in consideration of partial payment of $[________________________________], receipt acknowledged, hereby partially releases a portion of the mechanics' 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 release
☐ Other: [________________________________]

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

Signature: ______________________________
Printed Name: [________________________________]

ACKNOWLEDGMENT

State of West Virginia
County of [________________________________], to-wit:

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

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

3. RELEASE BY ESCROW DEPOSIT / BOND

Petition for Release of Mechanics' Lien by Escrow Deposit

Pursuant to W.Va. Code 38-2-36

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

PETITION FOR ORDER AUTHORIZING DEPOSIT IN ESCROW AND RELEASE OF MECHANICS' LIEN

The Petitioner respectfully represents:

1. Respondent filed a notice of mechanics' lien against Petitioner's property on [__/__/____], recorded in Deed Book [____], Page [____], in the office of the Clerk of the County Commission of [________________________________] County.

2. The property is located at [________________________________], West Virginia.

3. The lien claims $[________________________________].

4. Pursuant to W.Va. Code 38-2-36, at any time after a lien creditor has given notice and filed it with the clerk of the county commission, the owner may apply to the circuit court by petition for an order authorizing the deposit in escrow with the clerk of the circuit court of an amount equal to the sum set out as due in the notice of lien.

Escrow Deposit Amount:

5. The Petitioner is prepared to deposit the sum of $[________________________________] in escrow with the Clerk of the Circuit Court.

WHEREFORE, the Petitioner requests:

(a) An order authorizing the deposit of $[________________________________] in escrow with the Clerk of the Circuit Court;
(b) An order directing the Clerk of the Circuit Court to execute a release of the mechanics' lien;
(c) An order directing the Clerk of the County Commission to note the release on the records;
(d) Such other relief as the Court deems proper.

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

ORDER AUTHORIZING ESCROW DEPOSIT AND RELEASE OF LIEN

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

Civil Action No. [________________________________]

Upon consideration of the Petition filed herein, and the Court being satisfied that:

1. The Petitioner has deposited or is prepared to deposit the sum of $[________________________________] in escrow with the Clerk of this Court;
2. The deposit is equal to the amount set out as due in the notice of lien;

It is hereby ORDERED:

1. The Petitioner shall deposit $[________________________________] in escrow with the Clerk of this Court within [____] days;
2. Upon such deposit, the Clerk of this Court shall execute a release of the mechanics' lien recorded in Deed Book [____], Page [____];
3. The Clerk of the County Commission of [________________________________] County shall note the release on the margin of the notice of lien;
4. The escrowed funds shall remain with the Clerk pending resolution of the lien claim.

ENTERED this [____] day of [________________], 20[____].

______________________________
Judge, Circuit Court

DISBURSEMENT OF ESCROW

Pursuant to W.Va. Code 38-2-36, if the lien claim is:

☐ Satisfied or settled before action commenced: The Court shall order the general receiver to pay the deposit to the depositor upon proof of satisfaction.

☐ Resolved by judgment: The Court shall order disbursement consistent with the judgment.

☐ Compromised: The Court shall order disbursement per the terms of the compromise.

4. DEMAND FOR RELEASE OF MECHANICS' LIEN

[Owner/Attorney Letterhead]

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[________________________________]
[________________________________]
[________________________________]

RE: DEMAND FOR RELEASE OF MECHANICS' LIEN
Property: [________________________________], [________________________________] County, West Virginia
Lien Recording: Deed Book [____], Page [____], [________________________________] County Commission Clerk's Office
Date Filed: [__/__/____]

Dear [________________________________]:

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

Basis for Demand:

☐ Full Payment Made. The Owner has paid the full amount claimed of $[________________________________] on [__/__/____]. Under W.Va. Code 38-2-36, when a debt secured by a mechanics' lien is fully paid, the creditor must cause the clerk to enter a discharge or must execute a release.

☐ Lien Has Expired. The lien was filed on [__/__/____]. No enforcement action has been commenced within the time required by W.Va. Code 38-2-24. The lien has expired.

☐ Lien Improperly Filed. The notice of lien does not comply with W.Va. Code 38-2-12/38-2-13 because: [________________________________]

☐ Other: [________________________________]

Demand:

Execute and deliver a release of the lien, or cause the Clerk to enter a discharge, within fifteen (15) days of receipt.

Consequences:

If you fail to release the lien, the Owner will:

1. Petition the circuit court for an order authorizing an escrow deposit and release under W.Va. Code 38-2-36;
2. Seek recovery of costs, attorney's fees, and damages;
3. Pursue all other available remedies.

Sincerely,

______________________________
[________________________________]

5. PETITION TO DISCHARGE MECHANICS' LIEN

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

PETITION TO COMPEL DISCHARGE OF MECHANICS' LIEN

Petitioner states:

I. PARTIES

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

2. Respondent filed a mechanics' lien against the property.

II. BACKGROUND

3. On [__/__/____], Respondent filed a notice of mechanics' lien recorded in Deed Book [____], Page [____], in the office of the Clerk of the County Commission of [________________________________] County, claiming $[________________________________].

4. Grounds for discharge:

☐ Full Payment (W.Va. Code 38-2-36). Petitioner paid in full ($[________________________________] on [__/__/____]). Respondent has not discharged the lien.

☐ Expired Lien (W.Va. Code 38-2-24). No enforcement action was commenced within the statutory period. The lien has expired.

☐ Defective Lien. The notice of lien does not meet statutory requirements because: [________________________________]

☐ Escrow Deposit. Petitioner has deposited or offers to deposit $[________________________________] in escrow with the Clerk of this Court pursuant to W.Va. Code 38-2-36.

III. LEGAL BASIS

5. Under W.Va. Code 38-2-36, when a lien-secured debt is paid, the creditor must discharge the lien. If the creditor fails to do so, the owner may petition the court.

6. The owner may alternatively deposit in escrow an amount equal to the lien claim, after which the circuit clerk shall execute a release.

IV. RELIEF REQUESTED

WHEREFORE, Petitioner requests:

(a) An order compelling discharge of the mechanics' lien;
(b) Direction to the Clerk of the County Commission to note the discharge;
(c) Alternatively, an order authorizing an escrow deposit and release;
(d) Costs and attorney's fees;
(e) Such other relief as the Court deems just.

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

VERIFICATION

I, [________________________________], being duly sworn, state that the facts in this Petition are true and correct.

______________________________
Petitioner

Subscribed and sworn before me this [____] day of [________________], 20[____].

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

6. RECORDING INSTRUCTIONS

West Virginia Lien Release Recording Guide

Recording Office: Clerk of the County Commission

West Virginia has 55 counties. Mechanics' liens and releases are recorded with the Clerk of the County Commission in the county where the property is located.

Major County Clerk Offices:

Recording Requirements:

☐ Original signed release document
☐ Notarized acknowledgment (West Virginia-style "to-wit" format)
☐ Recording fee (verify with county clerk)
☐ Cross-reference to original lien recording (Deed Book/Page)
☐ Property description consistent with original notice
☐ Return address on document

Two Methods of Discharge (W.Va. Code 38-2-36):

Method 1 -- Marginal Notation:
The lien creditor causes the Clerk of the County Commission to enter a discharge in the margin of the book where the account is entered.

Method 2 -- Separate Release Instrument:
The lien creditor executes a release, which is recorded in the book where the notice is entered and noted on the margin of the notice.

Document Format:

• Paper size: 8.5" x 11"
• Margins: Sufficient for recording stamps
• Ink: Black ink
• Font: Legible, minimum 10-point
• Must include county and state identification
• Must cross-reference original lien recording

7. STATUTORY REFERENCE TABLE

West Virginia Mechanics' Lien Statutes and Deadlines

Key Deadlines Summary

Escrow Deposit Process (W.Va. Code 38-2-36)

8. PRACTITIONER NOTES

West Virginia-Specific Considerations

Clerk of the County Commission:
West Virginia records mechanics' liens with the Clerk of the County Commission, not a separate recorder's office. Each of the state's 55 counties has its own county commission clerk. Both the lien filing and the release are handled through this office.

Escrow Deposit Mechanism (W.Va. Code 38-2-36):
West Virginia provides a unique escrow deposit mechanism for discharging liens. The property owner petitions the circuit court for authorization to deposit an amount equal to the lien claim in escrow with the clerk of the circuit court. Upon deposit, the circuit clerk executes a release of the lien. This is distinct from a surety bond mechanism -- actual cash is deposited in escrow.

Key features of the escrow system:
- Deposit amount equals the lien claim (not 150% or 200%)
- Funds are held by the circuit clerk (general receiver)
- If the claim is settled before action is commenced, the court orders the deposit returned to the depositor
- If resolved by judgment, disbursement follows the judgment terms

Two Methods of Discharge:
W.Va. Code 38-2-36 provides two methods for discharging a lien after payment:
1. Marginal notation: The creditor causes the clerk to enter a discharge in the margin of the record
2. Separate release: The creditor executes a release that is recorded and cross-referenced

Either method is sufficient. The marginal notation approach is simpler but requires the creditor to appear at the clerk's office or authorize someone to do so.

District System:
West Virginia counties are divided into districts (magisterial districts). Property descriptions in lien filings often include the district designation. Releases should match the district information in the original lien.

55-County System:
West Virginia has 55 counties. Always file the release with the same county commission clerk where the original lien was recorded.

No Statutory Bond Amount:
Unlike many states that specify a bond amount (e.g., 150% or 200% of the lien), West Virginia's primary mechanism is the escrow deposit at 100% of the lien amount. This is more favorable to property owners than states requiring over-collateralization.

Notarization Format:
West Virginia uses a distinctive acknowledgment format with "to-wit" language. Ensure the notarization follows West Virginia conventions for acceptance at the county clerk's office.

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

Last Updated: 2026-03-05