Lien Release ArticlesRSS feed for this section

What is a Partial Release of Lien?

Partial Release of Lien

What is a Partial Release of Lien? A partial release of lien reduces the amount claimed to be owed with regard to a recorded mechanics lien. Typical lien releases cancel a mechanics lien claim entirely, whereas partial lien releases only apply to a portion of the amount originally claimed to be owed. Is a Partial […]

Read More

Lien Law Alert From Texas: What Not To Do

Lien Law Alert From Texas: What Not To Do

Filing a mechanics lien is the best tool for subcontractors and suppliers to ensure payment and to recover unpaid sums. So why would a creditor release a lien? Typically liens are released when a creditor receives payment, when the lien has expired, or when there was a defect in the lien. By releasing a lien, creditors […]

Read More

Is Filing a Lien Release Required?

Is Filing a Lien Release Required?

What happens if you file a mechanics lien, but then you are paid? Or, what happens if a lien expires because it is not enforced within the permissible time period? You might forget about the lien and think it disappears, but this is not the case. The next step is to file a lien release (also […]

Read More

Lien Waiver vs Lien Release: What’s the Difference?

Waiving rights, releasing rights… it can be easy to mix up these concepts. But when it comes to lien rights, it is extremely important to understand the distinctions. Lien waivers and lien releases are completely different. Here is a super-simple breakdown. Lien Waiver A lien waiver is used to preemptively waive lien rights. Generally the party making payment will […]

Read More

How and When To Release A Texas Mechanics Lien

mechanics lien release

The process of releasing a Texas mechanic lien, like everything else under Texas mechanics lien law, is unique. Unlike many other states, the Texas statutes present comprehensive guidelines as to who may release a mechanics lien claim, and how. Because a Texas lien may be released by anyone with interest in the property or the lien (under […]

Read More

Top Lien Release Myths Examined

Top Lien Release Myths Tested

Mechanics liens can be cancelled or released by the claimant. The release is important to consider once payment has been received, as a tool to mitigate rough business relations with the customers, and to ensure your own business integrity. Releasing a lien that has been paid in full is the fair thing to do, and […]

Read More

Can I Re-File a Mechanics Lien After I Remove the Lien?

Mechanics Liens Must Be Released When Paid or Expired After a mechanics lien has been filed, there comes a time when it must (or at least should) be released. This may be because the claimant has been paid, or because the lien has expired without enforcement being initiated. As has been discussed on this blog […]

Read More

What Do I Do With My Lien If I Receive Partial Payment?

One question that many people have regarding mechanics’ liens is what to do if they receive only a partial payment.  As always with mechanics’ liens, the answer can vary.  It may be easier to first look at some things not to do. It is easy to think, if you have a valid lien securing payment […]

Read More

Do you Have to Cancel a Mechanics Lien, or Will It Expire?

If you don’t intend to enforce your mechanics lien claim, best practice is to formally remove the lien. Most mechanics lien claims are paid without the need for foreclosure or enforcement action. When a lien does not result in payment, the claimant has several questions to ask him or herself: Should I and can I file […]

Read More