Phoenix Arizona Partial Release of Mechanic's or Construction Lien

State:
Multi-State
City:
Phoenix
Control #:
US-01029BG
Format:
Word; 
Rich Text
Instant download

Description

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.

A Phoenix Arizona Partial Release of Mechanic's or Construction Lien is a legal document that allows a lien claimant to release a portion of their lien rights on a specific property. This partial release is filed when the claimant has been partially paid for their work or materials supplied and wishes to release a portion of their lien rights to allow for the property owner to sell or refinance the property. In Phoenix, Arizona, there are different types of partial releases of mechanic's or construction liens that can be used to fit the specific situation: 1. Partial Release of Lien by Dollar Amount: This type of partial release is used when the lien claimant has received a specific dollar amount as partial payment for their services or materials. It allows the claimant to release a portion of their lien rights up to the dollar amount received. 2. Partial Release of Lien by Property Description: This type of partial release is used when the lien claimant has received payment for work done on a specific portion of the property. It allows the claimant to release their lien rights on that particular portion while maintaining their rights on the remaining property. 3. Partial Release of Lien by Lot or Parcel: This type of partial release is used when the lien claimant has worked on multiple lots or parcels within a larger development or project. It allows the claimant to release their lien rights on certain lots or parcels while preserving their rights on the others. 4. Partial Release of Lien by Timeframe: This type of partial release is used when the lien claimant has performed work or supplied materials over a period of time. It allows the claimant to release their lien rights on earlier stages of the project as they are compensated, while still maintaining their rights on the remaining work or materials. These different types of partial releases provide flexibility for lien claimants and property owners in Phoenix, Arizona, ensuring that payments can be made and properties can be sold or refinanced without the burden of a full lien. It is important to consult with a qualified attorney or legal professional to understand the specific requirements and procedures involved in filing a partial release of mechanic's or construction lien in Phoenix, Arizona.

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FAQ

Lien waivers are regulated in Arizona, and the state provides statutory lien waiver forms that must be used. In Arizona, a contractor or supplier cannot waive their lien rights in a contract. Arizona lien waivers do not need to be notarized.

Is notarization required on Arizona lien waivers? The answer is no. There is no requirement for Arizona lien waivers to be notarized.

Ohio does not require that a lien waiver be notarized.

Once a mechanic's lien is filed, the lien holder (you) can file a lawsuit against the property owner to foreclose the lien, which results in the property being sold at a foreclosure sale. You would then receive payment out of the proceeds of sale.

If they don't release their lien within the specified timeframe, the lienholder will be liable for a $1000 penalty and any actual damages incurred by the property owner. Also, the release should follow the same requirements for any Arizona document to be recorded. These requirements can be found in §11-480.

Are pre-notices for an Arizona mechanics' lien Claim required? Yes. Within 20 days of the commencement of work on the property, subcontractors and suppliers should provide written notice to the owner or the person having charge of the property that they are performing work on the property.

An Arizona mechanics lien is only valid for 6 months. You will need to enforce your lien claim before this deadline expires. If you get paid, you must file a lien release form to discharge your lien claim within 20 days.

Once an unconditional lien waiver is signed, it is fully effective and enforceable. While using an unconditional lien waiver will certainly protect your property, it won't guarantee that the signor actually receives payment, since unconditional waivers are typically enforceable even if signor never gets paid.

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Phoenix Arizona Partial Release of Mechanic's or Construction Lien