California Lien Release

What Is a Lien Release?

A lien release is a recorded document that officially removes an existing mechanics lien from a property's title. When a claimant (contractor, subcontractor, or supplier) records a mechanics lien against a property, that lien clouds the title and can prevent the owner from selling, refinancing, or transferring the property.

A lien release — sometimes called a "release of lien" or "lien discharge" — is the formal instrument recorded at the county recorder's office to clear that encumbrance from the property record. Under California Civil Code §8480–8488, there are both voluntary and court-ordered mechanisms for releasing a mechanics lien.

This is fundamentally different from a lien waiver. A lien waiver is exchanged during the payment process and prevents a lien from being filed in the first place. A lien release removes a lien that has already been recorded.

When Is a Lien Release Needed?

A lien release is required or appropriate in the following situations:

• After full payment is received: Once the claimant has been paid the amount owed, they are obligated to release the lien. Failure to do so can result in legal consequences under CA Civil Code §8490.
• After a dispute is resolved: If a payment dispute led to the lien and the parties reach a settlement, the claimant records a release as part of the resolution.
• Voluntary withdrawal: The claimant may choose to release the lien voluntarily, for example, if they decide not to pursue the claim or if the lien was filed in error.
• Court-ordered release: Under CA Civil Code §8480, a property owner can petition the court to order the release of a mechanics lien if it is invalid, if the claimant failed to file a foreclosure lawsuit within the required 90-day period (CA Civil Code §8460), or if other grounds for release exist.
• Lien expiration: If the claimant does not commence a foreclosure action within 90 days of recording the lien, the lien is void and unenforceable (CA Civil Code §8460). Even so, a formal release may still be needed to clear the property title record.

Lien Release vs Lien Waiver

These two terms are frequently confused, but they serve very different purposes in California construction law:

• Lien Waiver: A contractual document exchanged during the normal payment process. The claimant waives their right to file a lien in exchange for payment. California recognizes four statutory forms under Civil Code §8132–8138: conditional and unconditional waivers for both progress payments and final payments. Waivers happen before a lien is ever recorded.
• Lien Release: A recorded document that removes an existing mechanics lien from the property title. This only comes into play after a lien has been filed at the county recorder's office.

For a detailed comparison, see our guide: Lien Waiver vs Lien Release — What's the Difference?

How to Release a Mechanics Lien in California

If you are the claimant who recorded the lien and you have been paid (or otherwise wish to release the claim), follow these steps:

1. Prepare a lien release document. The document should reference the original mechanics lien by recording number, the county where it was recorded, the property address and legal description, and a clear statement that the lien is released. Consult a construction attorney to ensure the document meets legal requirements.
2. Have the release notarized. California county recorders require that recorded documents be notarized. The claimant (or an authorized representative) must sign the release in front of a notary public.
3. Record the release at the county recorder's office. File the notarized lien release with the same county recorder where the original mechanics lien was recorded. Recording fees vary by county but are typically $15–$25 for the first page.
4. Notify all affected parties. Send a copy of the recorded release to the property owner, general contractor, and any other parties who were served with the original lien. This confirms the lien has been removed from the property title.
5. Retain copies for your records. Keep a certified copy of the recorded release document, along with proof of payment received, for your files.

If you are a property owner seeking to remove a lien filed against your property, you may need to petition the court under CA Civil Code §8480 if the claimant refuses to voluntarily release it. This requires legal representation.

Frequently Asked Questions

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A Note on What Prelien Does

We believe in being straightforward. Prelien does not file lien releases — that process requires recording a document at the county recorder's office and often involves a title company or construction attorney.

What Prelien does handle is lien waiver management: creating, sending, tracking, and collecting digital signatures on conditional and unconditional lien waivers throughout the payment process. Proper waiver management helps prevent lien disputes from arising in the first place.

If you need to release a recorded lien, we recommend consulting a licensed construction attorney or title company in your county.