Releasing a Construction Lien in Nebraska

Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.

After a recorded lien has been paid off, it must be released by someone with an interest in the subject property. Neb. Rev. Stat. 52-142(1).

Any person having an interest in real estate may release the real estate from liens which have attached to it by: (a) Depositing in the office of the clerk of the district court of the county in which the lien is recorded a sum of money in cash, certified check, or other bank obligation, or a surety bond issued by a surety company authorized to do business in this state, in an amount sufficient to pay the total of the amounts claimed in the liens being released plus fifteen percent of such total; and (b) Recording a certificate of the clerk of the district court showing that the deposit has been made. 52-142(1)(a)-(c).

The clerk of the district court has an obligation to accept the deposit and issue the certificate. Neb. Rev. Stat. 52-142(2). Upon release of the real estate from a lien, the claimant's rights are transferred from the real estate to the deposit or surety bond and the claimant may establish his or her claim, and upon determination of the claim the court shall order the clerk of the district court to pay the sums due or render judgment against the surety company on the bond, as the case may be. 52-142(3).

The lien release form contains the names and addresses of both the lien claimant and property owner, a legal description of the subject property, and details of the underlying lien including the recorded instrument number, date of recordation, and amount of the lien. It must also meet all state and local standards for recorded documents.

This article is offered for informational purposes only and is not legal advice. This information should not be relied upon as a substitute for speaking with an attorney. Please speak with a Nebraska attorney familiar with lien laws for any questions regarding releasing a construction lien.

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