This Release of Lien form is for use by a corporate or LLC lienor to waive, release, and quit claim all liens, lien rights, claims or demands of every kind whatsoever, including its claim of lien against certain real estate and improvements on account of work and labor performed, and/or materials furnished in improving the property.
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Fill out the mechanics lien form. First, you want to be sure your lien claim form meets Florida's strict requirements. Send a copy of the lien to the property owner. Claimants can serve the lien on the property owner before filing a claim, or within 15 days after recording. Record your mechanics lien.
Write your name and return address in the top three lines of the letter. Insert the complete date (month, day, year). Enter the recipient's name, title, company name and address on the next five lines. Greet the reader by writing "Dear (recipient's name):" Skip two lines. State the subject in a subject line.
It basically states that you've paid the subcontractor what is owed, they accept the payment in full, and they waive the right to put a lien on your property. Simply present this form to the subcontractor with your payment and ask them to sign it. Make sure you get their signature!
The release of lien is then recorded by the title company in the real property records at the county recorder's office. The fee is generally included in your settlement costs or as a separate lien release fee paid at closing. Your new mortgage company places a mortgage lien on the home and records it.
Name of Claimant. This is the name the party to be paid, and the party who will be signing the lien waiver document. Name of Customer. Job Location. Owner. Exceptions. Claimant's Signature. Claimant's Title. Date of Signature.
The subcontractor would file a lien waiver before a lien is filed. By doing so, the subcontractor is giving up his or her right to a lien against the property. In comparison, a lien release (also known as release of lien, cancellation of lien, or a lien cancellation) would come into play after the filing of a lien.
In most cases, after your lien has been filed your customer resolves their account and you need to remove a lien. Once you have received payment in full, or a settlement amount, and the funds have cleared then you are obligated to remove the lien, You can contact Lien-Pro directly to remove liens.
The lien release must be filed with the same clerk with whom the original construction lien was filed. If the lien claimant is filing it, the lien release should be provided to the owner and to whomever you have a contract so that they are aware that it has been recorded.
Make sure the debt the lien represents is valid. Pay off the debt. Fill out a release-of-lien form. Have the lien holder sign the release-of-lien form in front of a notary. File the lien release form. Ask for a lien waiver, if appropriate. Keep a copy.
