Montana Order Substituting Bond and Discharging Construction Lien
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FAQ
The release of lien bond allows the owner to discharge the mechanic's lien and returns the legal right to sell or deal with the property to the owner. The bond guarantees the contractor who placed the lien any payment that is still due to them with interest and cost should they win the case in a court of law.
A Mechanics Lien Release Surety Bond is a surety bond required if the owner's property has had a lien filed against it.The bond guarantees the contractor who placed the lien any payment that is still due to them with interest and cost should they win the case in a court of law.
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.
A construction lien is a claim made against a property by a contractor or subcontractor who has not been paid for work done on that property. Construction liens are designed to protect professionals from the risk of not being paid for services rendered.
A Release of Mechanic's Lien Bond is a type of surety bond that clears the mechanic's lien from the property. These bonds can also be called a Discharge of Mechanic's Lien Bond. By clearing the lien, the owner is free to sell or use the property for other purposes.
A construction lien bond is used by a property owner to remove a construction lien that was recorded against his property. This is often necessary when the owner needs to sell the property or refinance a loan secured by the property but cannot do so because the construction lien is clouding his title to the property.
When the lien is bonded off, the surety company (or, in the case of a general contractor bonding off the lien itself, the general contractor) is guaranteeing payment of a claim if the claimant prevails in court enforcing the claim.
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.