Home>Levelset Community>Legal Help>Can a filed preliminary notice be released?The title company search on a client's project shows the bank as second in line due to our notice filed and so the bank won't release funds for the project.
Can a filed preliminary notice be released?The title company search on a client's project shows the bank as second in line due to our notice filed and so the bank won't release funds for the project.
Generally, preliminary notices don't stake a claim in property and therefore need not be released. A Washington Notice of Furnishing Professional Services is a little different from normal prelims, though. That document, as I'm sure you know, gets filed in the property record and actually secures a high lien priority for those who perform professional services on Washington projects.
Ultimately, anything that can be filed in the public record can generally be released. So, recording a document that requests the release of the earlier-filed Notice of Furnishing Professional Services should be enough to have the notice removed from the property record. Note, though, that the Washington mechanics lien statute doesn't provide any guidance on exactly how to release the notice - so, releasing the notice may require a little bit of trial and error.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...
0 people found this helpful
Helpful
Other questions about Preliminary Notice in Washington