Alabama Partial Release of Mechanic's or Construction Lien

State:
Multi-State
Control #:
US-01029BG
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Word; 
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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 Partial Release of Mechanic's or Construction Lien in Alabama is a legal document that grants the release of a portion of a lien claim against a property. This partial release allows the property owner to clear a specific portion of the property from the encumbrance of a lien, providing them with the ability to sell or refinance that portion without the lien affecting the transaction. In Alabama, there are two types of Partial Release of Mechanic's or Construction Lien: 1. Partial Lien Release: This type of release is used when a contractor or subcontractor has completed work or provided materials to only a specific part of the property. It allows the lien claimant to release their claim against that portion of the property while maintaining their lien rights on the remaining parts. 2. Partial Satisfaction Release: A Partial Satisfaction Release is employed when a lien claimant has received partial payment for the work or materials provided. This release acknowledges the partial satisfaction of the debt and releases the lien claim against the specific portion of the property covered by the payment. It is important to note that a Partial Release of Mechanic's or Construction Lien in Alabama should be executed with caution and in accordance with the state's laws to ensure its validity. The document must accurately reflect the specific portion of the property being released and include a clear description of the work performed or materials provided. By obtaining a Partial Release of Mechanic's or Construction Lien, both the property owner and the lien claimant can effectively manage the encumbrances on the property and proceed with desired transactions. It provides flexibility while protecting the rights and interests of all parties involved. Keywords: Alabama, Partial Release, Mechanic's Lien, Construction Lien, lien claim, property owner, encumbrance, sell, refinance, transaction, contractor, subcontractor, completed work, materials, lien rights, Partial Lien Release, Partial Satisfaction Release, debt, payment, validity, state laws, property description, work description, materials description, flexibility, rights, interests.

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FAQ

Section 35-11-221 - Limitation of Actions. Limitation of actions. Any action for the enforcement of the lien declared in this division must be commenced within six months after the maturity of the entire indebtedness secured thereby, except as otherwise provided in this division.

Remove a Lien from Your AL Title Complete a lien release online. Gather your current vehicle title. Submit the above to the Motor Vehicle Division by mail at the address listed on the lien release application, or in person at your local office.

Section 35-11-211 - Priority of Lien. Priority of lien. (a) Such lien as to the land and buildings or improvements thereon, shall have priority over all other liens, mortgages, or incumbrances created subsequent to the commencement of work on the building or improvement.

Alabama law provides for two types of liens: an ?unpaid balance? and a ?full price? lien. An unpaid balance lien extends only to the amount of any unpaid balance due the contractor by the owner or proprietor. In contrast, a full-price lien allows the furnisher of materials to have a lien for the full price thereof.

The Alabama Release of Lien Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. Alabama law requires that a lien cancellation is filed within 30 days after the lien is satisfied.

Every person, except the original contractor, who may wish to avail himself of the provisions of this division, shall before filing his statement in the office of the judge of probate, give notice in writing to the owner or proprietor, or his agent, that he claims a lien on such building or improvement, setting forth ...

ALABAMA CODE § 35-11-210 provides that a lien can be claimed for work, labor or material constituting an improvement. The scope of the term ?improvement? is left for determination on a case by case basis.

§ 35-11-213. Verified statement - Duty to file; contents; form. This lien is claimed, separately and severally, as to both the buildings and improvements thereon, and the said land.

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No, an Alabama mechanics lien waiver does not need to be notarized in order to be effective. There are very few advantages to getting a lien waiver notarized in ... May 25, 2023 — File your completed form with the recorder's office in the Alabama county where the property is located, and pay the recording fee. View a full ...Original Contractors. Original contractors must file the verified statement of lien within six months after the last of item of work has been furnished. Ala ... Jul 3, 2022 — Specify the Date. The first thing to do when filling out a partial release of lien is to fill in the date, indicating the day, month, and year. Alabama Code 35-11-233 provides for a "transfer" of the lien to a sum of money to be deposited with the court or a bond upon demand by the owner of the land. Usually requirement for general contractor (GC) as part of contract. ▫Generally, guarantees performance by principal. (usually GC). 13 ... Aug 14, 2023 — How to create and fill out a lien waiver · Identify the type of lien waiver · Provide project information · Identify the parties involved · Specify ... 1. Notify the Mechanic. Contact the appropriate Mechanic to ensure they can begin the process of creating a bill or invoice. · 2. Make a Partial Payment · 3. Nov 26, 2018 — Obtain an original (with the original signature) and at least one (1) copy of the release of lien. Find out if there are any fees required to ... Oct 3, 2020 — claimant, including subcontractors and material suppliers who do not have a direct contract with the owner, must file the verified statement ...

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Alabama Partial Release of Mechanic's or Construction Lien