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.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Construction Lien Release

Document consent of the property owner for improvements
File a lien for unpaid construction or renovation work
Establish priority of a construction lien on a property
Protect subcontractor payment rights on a building project
File a lien to prevent property sale until payment is received

Compare other Nebraska deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Transfer on Death Deed Transfer on Death Revocation Affidavit of Death Trustee Deed for Inter Vivos Trust Personal Representative Deed of Sale Personal Representative Deed of Distribution Affidavit for Transfer of Real Property without Probate Notice of Right to Assert a Lien Owner Notice of Commencement Contractor Notice of Commencement Notice of Termination Published Notice of Termination Notice of Termination Affidavit Construction Lien Construction Lien Amendment Construction Lien Assignment Partial Conditional Lien Waiver Partial Unconditional Lien Waiver Final Conditional Lien Waiver Final Unconditional Lien Waiver Mineral Deed Mineral Deed with Quitclaim Deed of Trust Assignment of Deed of Trust Deed of Full Reconveyance for Deed of Trust Land Contract Memorandum of Land Contract Full Release of Memorandum of Land Contract Certificate of Trust Disclaimer of Interest Notice of Lis Pendens Release of Notice of Lis Pendens

Important: County-Specific Forms

Our construction lien release forms are specifically formatted for each county in Nebraska.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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