Release of Lien — Recording Release
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Law
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Tennessee Code
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Property
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Mechanics' and Materialmen's Liens
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General Provisions
- Release of Lien — Recording Release
- If a lienor whose lien has been forfeited, expired, satisfied or adjudged against the lienor in a proceeding on the lien, fails to cause the lien provided by this chapter to be released within thirty (30) days after service of written notice demanding release, the lienor shall be liable to the owner for all damages arising therefrom, and costs, including reasonable attorneys' fees, incurred by the owner.
- The release shall be recorded in the office where the notice of lien was recorded. The fee for recording shall be the fee required for the recording of a release or satisfaction of a mortgage as provided by law.
- For the purpose of this section, a lien shall be deemed released on the day on which the release of the lien is recorded in the proper office.
Code 1932, § 7935; T.C.A. (orig. ed.), § 64-1137; Acts 2007, ch. 189, § 34; 2020, ch. 749, § 8.
Compiler's Notes. Acts 2020, ch. 749, § 42 provided that the act, which amended this section, applies to actions occurring and contracts entered into, amended, or renewed on or after July 1, 2020.
Amendments. The 2020 amendment substituted “a proceeding” for “an action” in (a).
Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020.
Cross-References. Form and contents of lien book, §66-21-103.
Collateral References.
Release or waiver of mechanic's lien by general contractor as affecting rights of subcontractor or materialman. 75 A.L.R.3d 505.
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