A partial release of lien form is used to release a mechanics lien. A contractor may put a lien on the property when payment has not been made on a project. These projects may include constructing a home or commercial building.
Table of Contents
What is a partial release of lien?
A partial release of lien is a document like a receipt. You get this document when you have made a partial payment on a debt owed for labor or construction. The lien that may be on the property currently and in the foreseeable future, this document releases them. In addition to this, the entity that the funds are owed to is referred as the Lienor. This party must complete the Partial Release of Lien. Then, it gets sent to the party who has paid the funds.
The purpose of a partial release of lien:
The main purpose of this document is to release any mechanic lien claim on a property. It reduces the amount that is claimed to be owed. It is used when an installment of the claim amount has been paid. A lienholders use it to reduce part of the amount that is originally owed to a supplier, contractor, or subcontractor. Moreover, it also secures the individual being billed from a contractor who is trying to claim the full amount of the original lien.
How to use a partial release of lien?
Here are the steps that you should take while using a partial release of lien;
Notifying the mechanic
At first, you have to make contact with the contractor, laborer, supplier, or subcontractor that holds the lien to ensure that they are able to start processing an invoice or bill. The invoice has to provide the detail description of work that has been completed during the requested time period. Also, provide details regarding the materials used and the total amount that is being billed.
From here, there can start making a partial release of lien that requires to include the following;
- Information of any remaining payments
- Upon the receipt of the payment an acknowledgment that the claim will be waived
- The current lien holder’s rights that may retain for any future supplies, labor, and materials
- The direct supplier or contractor responsibilities and rights
- The responsible person and owner’s remaining responsibilities and rights
- An indemnity clause. It advises that for any agreement of the leased property the owner is not held accountable by a third party attempting to file a suit against the owner.
Making payment and filing
In the next step, you would have to make the partial payment and it should be done by check. Before signing the document and having it notarized and recorded, it is essential to wait for the funds to clear. All involved parties have to sign the document. The document must be acknowledged a notary in order to become a legally binding. Furthermore, make it clear that the document itself is not a lien waiver or a lien modification. The last step is to file the document with the County Recorder’s Office. You should also check the release of earnest money form.
Free Printable Partial Release of Lien Form
Faqs (Frequently Asked Questions)
It depends on the state that you are living. For instance, before filing a mechanics lien, California requires 90 days from the completion of a project. Some other states may require 60 days.
When you have made a partial payment, the contractor must make and sign a partial lien release. It specifies the amount paid, what is still owed, and to send as a formal receipt, must sign the document. After that, it can be filed to release the originally placed mechanic’s lien.
To file a mechanics lien, cost $25 to $50 is required.