A Georgia mechanic’s lien release bond is a remedy available to both property owners and contractors in the State of Georgia to remove or “bond off” a lien on real property. Also referred to as a Georgia lien discharge bond, this surety bond effectively lifts a lienholder’s claim to the encumbered property, freeing the same for transfer by its owner. Georgia Code Title 44 details the specific requirements of the bond.
“A property owner or the contractor employed to improve said property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of the county clerk where the lien was filed. The surety bond must guarantee payment to the holder of the lien in any sum that may be found to be due the lienholder upon the trial of any lien action that may be filed by the lienholder. The litigation must commence within 365 days from the time the claim of lien is filed. The lien discharge bond must be equal to no less than double the amount claimed under that lien except in cases involving a lien against residential property, in which event the Georgia lien discharge bond may be equal to the amount claimed under the lien. Upon the filing of the bond parcel shall be discharged from the lien. Within seven days of filing the bond, the owner or contractor must send a notice of the filing and a copy of the bond by registered or certified mail or statutory overnight delivery to the lienholder at the address stated on the lien or, if no such address is shown for the lien claimant, to the person shown as having filed such lien on behalf of the lienholder. If the bond is filed by a contractor must also be sent to the owner of the property, provided that whenever the lien claimant or the owner is an entity on file with the Secretary of State’s Corporations Division, sending the notice of filing a bond and a copy of the bond to the company’s address or the registered agent’s address on file with the Secretary of State is considered proper service of legal process. Failure to send this notice and a copy of the Georgia mechanic’s lien release bond however does not in itself invalidate the bond for purposes of lien discharge. The clerk of the superior court in the filing jurisdiction may rely upon the amount specified in the claim of lien in determining the sufficiency of the bond amount, to discharge.
Georgia surety bond leader, Surety One, Inc. is THE most agile and service-oriented underwriter of judicial bonds in the United States. Our expertise in preparing surety bond forms for acceptable filing, same day underwriting, immediate bond execution and delivery are unparalleled. We underwrite mechanic’s lien discharge bonds in all fifty states, Puerto Rico and U.S. Virgin Islands. Visit our contact page at SuretyOne.com, call (800) 373-2804, or email Underwriting@SuretyOne.com for application materials and assistance with your Georgia mechanic’s lien release bond or any other surety need.
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