Discharging by Cash Bond

Any interested party may file a notice to discharge a lien by bond. It does not have to be the property owner. The bond must be 125% of the lien in the form of cash or a cashier's check. A cash bond discharges the lien immediately.

Surety Bond

A surety bond must also equal 125% of the lien amount and must contain the following:

  • Name of lien claimant (obligee) and the party discharging (principal)
  • Be executed by both principal and surety
  • Have a power of attorney if executed by an attorney in fact
  • Be executed by a corporate surety authorized to transact business in this state; and be conditioned that the principal and surety will pay the full amount of the claim and other costs, but in no event can the liability of the principal or surety exceed the bond penalty

The effective date of release is 10 days after the surety bond is filed if no protest is received. Grounds for protest could be improper information, signatures, money amounts, or the bonding company isn't authorized to do business in this state. If protested, the County Clerk must have a hearing within 2 business days.