A Georgia mechanic's lien release bond is a simple legal document which can quickly remove a contractor or supplier's lien from a parcel of real property. The mechanism is addressed under Georgia general statute, §44-14-364 and is available to owners AND contractors, to wit: an owner of the real estate or the contractor employed to improve the property may, before or after foreclosure proceedings are instituted, discharge the lien by filing a bond in the office of that clerk. The surety bond shall guarantee payment to the holder of the lien the sum that may be found to be due on the trial of any lien action that may be filed by the lienholder. The bond must be written in double the amount claimed and issued by a surety company acceptable to the clerk of the court. In those cases involving a lien against residential property, in which case the bond must be equal to the amount claimed under the lien. Upon filing of the Georgia mechanic's lien release bond the encumbered real estate is immediately discharged from the lien. Within seven days of bond posting the filing party must send a notice of filing of the same and a copy of the surety bond by registered or certified mail, or statutory overnight delivery to the lienholder. If the bond is filed by a contractor, then mail is directed to the owner of the property. Failure to send the notice of filing does not invalidate the bond for purposes of discharge of a claim of lien under the law. The clerk of the superior court retains the right to rely upon the amount specified in the claim of lien in determining the sufficiency of any bond.
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