Maryland Certificate of Satisfaction of Mechanic's or Construction Lien

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Multi-State
Control #:
US-01032BG
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Word; 
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Description

A mechanic's (or construction) lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien attaches to the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute. This form is a sample of a certificate of a lienholder that the debt secured by the release has been paid and stating that the lien should be marked discharged in the appropriate land records.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 12-307 - Release of Lien (a) Motion. At any time after a complaint to establish a mechanics' lien is filed, the owner of the land or any other person interested in the land may move to have the land released from any lien that has been established by court order or that may thereafter be established.

A Notice of Intent to Lien is a powerful payment recovery tool all by itself. Even if the document isn't required, it can lead to payment. Mechanics liens are extremely powerful ? and owners, customers, and others on the job will want to do what they can to avoid a lien claim.

To establish a mechanics' lien on land or a building, a contractor or subcontractor (known as a ?petitioner? or ?plaintiff?) must file a complaint in a circuit court of a county in which at least part of the property is located within 180 days of the work being completed or the materials furnished.

In Maryland, a sale or foreclosure of the property usually will cut off all lien rights. Until the lien has been established by a court, any ?bona fide purchaser? buys the property free and clear of any mechanic's lien claim.

A Maryland mechanics lien expires 1 year after filing. Claimants must release or enforce their lien claim within this timeframe.

A mechanics' lien allows a subcontractor to recover amounts owed but not paid by the owner to the subcontractor. For a lien to arise in favor of a subcontractor, there must be a contract between a contractor and the owner on which the subcontractor works and between the contractor and the subcontractor.

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Maryland Certificate of Satisfaction of Mechanic's or Construction Lien