Forms and Templates

Forms and Templates

Homepage Attorney-Approved Release of Liability Document Attorney-Approved Partial Release of Lien Document

Guide to Writing Partial Release of Lien

Once you have gathered all necessary information, you can begin filling out the Partial Release of Lien form. This form will need to be completed accurately to ensure that it serves its purpose effectively. Follow the steps below to fill out the form correctly.

  1. Identify the parties involved: Start by entering the names and addresses of the lien claimant and the property owner. Ensure that the information is accurate.
  2. Provide property details: Include the legal description of the property. This typically includes the address, parcel number, or any other identifiers that uniquely describe the property.
  3. Specify the amount released: Indicate the specific amount of the lien that is being released. This amount should reflect the agreed-upon terms between the parties.
  4. Include the date: Write the date on which the release is being executed. This is important for record-keeping and legal purposes.
  5. Signature: The lien claimant must sign the form. If applicable, include a printed name and title to clarify the authority of the signer.
  6. Notarization: If required, have the document notarized. This adds an extra layer of verification and is often necessary for legal documents.

After completing the form, make sure to keep a copy for your records. You will need to file the completed form with the appropriate local authority to officially document the partial release of the lien.

PDF Form Specs

Fact Name Details
Definition A Partial Release of Lien form is a legal document that removes a lien from a specific portion of a property while maintaining the lien on the remaining property. This is often used in construction projects when a contractor or subcontractor has been paid for part of their work.
Governing Law The laws governing the Partial Release of Lien vary by state. In many states, such as Florida, it is governed by the Florida Statutes, specifically Chapter 713 which deals with liens for labor, services, and materials.
Purpose The primary purpose of this form is to provide assurance to property owners that they have fulfilled their payment obligations for a specific portion of work, thereby allowing them to sell or refinance that part of the property without the lien affecting it.
Filing Requirements Typically, the form must be signed by the lien claimant and filed with the appropriate county clerk or recorder's office. Some states may require notarization or additional documentation to accompany the form.

FAQ

What is a Partial Release of Lien form?

A Partial Release of Lien form is a legal document that allows a property owner to release a portion of a lien that has been placed against their property. This can occur when a contractor or supplier has been partially paid for services or materials, and they agree to release their claim on the property for that portion of the debt.

When should I use a Partial Release of Lien form?

This form should be used when you have made a payment to a contractor or supplier and want to ensure that they no longer have a claim on your property for the amount paid. It's essential to protect your property from future claims related to that payment.

Who can file a Partial Release of Lien?

The contractor, subcontractor, or supplier who filed the original lien can file a Partial Release of Lien. The property owner may also initiate the process by requesting the release after making a payment.

What information is required to complete the form?

To complete the form, you will need the following information:

  • The names of the property owner and the lien claimant.
  • The property address.
  • The amount of the lien being released.
  • The date of the original lien.
  • The date of payment made to the lien claimant.

Is a Partial Release of Lien legally binding?

Yes, once signed and filed with the appropriate local authority, a Partial Release of Lien is legally binding. It serves as official documentation that the lien claimant has relinquished their claim on the specified portion of the debt.

How do I file a Partial Release of Lien?

To file a Partial Release of Lien, follow these steps:

  1. Complete the Partial Release of Lien form with accurate information.
  2. Obtain the necessary signatures from the lien claimant.
  3. File the completed form with the local county recorder's office or the appropriate authority.

What happens if I don’t file a Partial Release of Lien?

If you do not file a Partial Release of Lien after making a payment, the lien may still remain on your property. This can lead to complications if you decide to sell or refinance your property in the future, as potential buyers or lenders may see the outstanding lien as a liability.

Can I revoke a Partial Release of Lien?

Generally, once a Partial Release of Lien is filed and recorded, it cannot be revoked. If there are disputes regarding the payment or the agreement, it is advisable to consult with a legal professional to discuss your options.

Partial Release of Lien Example

Partial Release of Lien

This Partial Release of Lien is made in accordance with the laws of the State of [Insert State Name], as applicable. This document is designed to publically acknowledge the release of certain portions of a lien held against the property described herein.

The undersigned, [Insert Name of Lien Holder], herein called the "Lien Holder," hereby voluntarily releases a portion of the lien attached to the following property:

Address of Property: [Insert Property Address]

Legal Description: [Insert Legal Description of the Property]

This release applies to the following items as indicated below:

  • [Insert Description of Item 1]
  • [Insert Description of Item 2]
  • [Insert Description of Item 3]

The remaining balance of the lien, which is not released by this document, shall remain in full force and effect. The Lien Holder confirms that the amount secured by the lien prior to this Partial Release was [Insert Total Amount]. After this Partial Release, the new remaining balance secured by the lien will be [Insert New Amount].

By signing below, the Lien Holder affirms that they have the authority to execute this Partial Release on behalf of themselves or the entity they represent.

IN WITNESS WHEREOF, the Lien Holder has executed this Partial Release of Lien as of the date written below.

Date: [Insert Date]

Signature: ___________________________

Printed Name: [Insert Printed Name]

Title (if applicable): [Insert Title]

Company Name (if applicable): [Insert Company Name]

This document should be recorded with the County Clerk or appropriate recording office of the county where the property is located.