Release of Construction Lien

MORE THAN ONE YEAR

The property owner must complete an Affidavit.  Once the Affidavit is completed, the property owner should deliver the Affidavit to the County Clerk's office along with $15.00 ($10.00 for the search of the records and $5.00 for the certificate)**.

The Clerk's office will conduct a search of the circuit court records.  If the records indicate that litigation was not commenced between the parties (the lien claimant vs. the property owner for the amount of the lien) then the clerk will issue a "Certificate That Action to Enforce Lien was Not Timely Commenced".  This certificate must be recorded with the Register of Deeds by the property owner.  Contact the Register of Deeds to ascertain the recording fees required.

LESS THAN ONE YEAR

The property owner must retain a Surety Bond twice the amount of the lien.  The bond is filed with the County Clerk.  Once the bond is filed, the clerk will send a "NOTICE OF FILING OF BOND" to the lien claimant.  The lien claimant has 10 days from the date of the notice to object to the Surety of the bond.

After 10 days, the clerk will complete a "Certificate Releasing Construction Lien".  The fee for the certificate is $5.00.  The property owner must record the certificate with the Register of Deeds.  Contact the Register of Deeds to ascertain the recording fees required.

**If there are multiple liens on the same property & property owner, only one search fee is required.  However, separate certificates must be issued for each lien, therefore a fee of $5.00 is required for each certificate.