Is there anyway to release a filed prelim?

7 months ago

We have a customer that is requesting we “release” the prelim we send back in July of 2019. We sent a retraction letter already but I do not see an option to send a release for a prelim. To my knowledge those only had to be sent for mechanics liens. If I am correct can I be provided with the legal wording that says as much so I may provide it to my customer.

Chief Legal Officer Levelset
105 reviews

Generally, it is not required to release or cancel a filed preliminary notice. This is especially true when the notice at issue is “filed” by sending to the required parties, and not recorded with the county recorder’s office. In Kentucky, the generally required preliminary notice is the Notice to Owner, the requirements are set forth by KRS 376.010. This notice must only be delivered to the property owner or the property owner’s agent. Since this notice is not recorded in any county records, there is not only no requirement to release the notice, there is no ability to do so.

The other potential preliminary notice in Kentucky, and one that is actually recorded, is the Notice of Contract. Unlike the Notice to Owner, the Notice of Contract must be filed in the office of the county clerk in order to be effective. However, Kentucky statutes do not specifically mention the necessity of a release or cancelation of this document. KRS 376.010 states that the recorded notice works to protect lien priority if the notice is “file[d] in the office of the county clerk of the county wherein he has furnished or expects to furnish labor or materials, a statement showing that he has furnished or expects to furnish labor or materials, and the amount in full thereof.” And that’s pretty much it.

Note, however, that pretty much anything that is recorded can have something recorded stating it is cancelled, if the original filer desires to do so, whether or not it is a requirement or even a “known” document. It is not a huge burden to get a document recorded, so if it works to keep a relationship on the rails it may be worth releasing a notice, even if it doesn’t really matter.

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