"The lien of any person may, so far as his interest is concerned, be dissolved by a notice signed by him, stating that his lien is dissolved, filed in the registry of deeds where the notice of the contract is filed under which contract the lien is claimed." Mass. Gen. Laws Ann. ch. 254 §10.
Massachusetts Dissolution of Lien by Individual
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Massachusetts
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MA-07-09
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FAQ
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
Maximize the Homestead Exemption. Protect the Home with Tenancy by the Entirety. Implement an Equity Stripping Plan. Create a Domestic Asset Protection Trust (DAPT) Put the Home Title in the Low-Risk Spouse's Name. Purchase Umbrella Insurance.
A foreclosure of a trust deed by a mortgage holder will wipe out all inferior liens unless the property sells for more than the outstanding senior indebtedness, in which case, any excess will be paid to the junior lien holder up to the amount of the junior lien.
Generally, this requires the assistance of a lawyer. The homeowner may petition the courts under Civil Code Section 8480 in California to remove the mechanic's lien when it is not timely issued or recorded. A lawsuit is usually necessary to file it against the owner by the contractor or subcontractor.
A mechanic's lien may be dissolved by a simple written statement of the contractor or subcontractor recorded at the registry of deeds.
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.
What does 'Bonding Off a Lien' mean? Typically, in order to move forward with the project, the lien must first be removed. To remove a lien as registered against a property without resolution, an applicant has to deliver to the court acceptable security which stands in place of the lien registered on such property.
It basically states that you've paid the subcontractor what is owed, they accept the payment in full, and they waive the right to put a lien on your property. Simply present this form to the subcontractor with your payment and ask them to sign it. Make sure you get their signature!
Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.