I have been contacted by the title company requesting the Original Demand along with a fully executed original release. My questions; What is a fully executed original release? Can I add the cost for the filling, release of the lien, and late fees? Thank you again
A "fully executed original release" based on the context of your question could be an original signed release of lien rather than a PDF or faxed version.
When you say "add the cost for the filing, release of the lien, and late fees" I assume you are asking if you can make a demand for those amounts. If that's your question, you are free to make a demand for those costs. The cost of recording a lien and recording a release of lien are legitimate costs that are reasonable to request. Whether you're entitled to late fees depends upon your contract or your rights under the prompt payment statutes. Note that after you provide a release of lien, you probably wont' have much leverage to demand additional costs or late fees.
The Title company is going to want a package from you that includes:
1. A demand for payment itemizing the demand and instructing escrow that they can record your release of lien provided that they issue you payment on the demand amount in full.
2. the original, notarized release of lien.
You can include in your demand the cost to record the lien and interest at 10%. If your contract calls for additional cost you can generally include those as well.
Be sure that escrow will close within 90 days of recording your lien. If not, you will need to either get a notarized lien extension from the owner recorded or file a lawsuit to foreclose to ensure your lien does not expire. If you must file a lawsuit generally you can add the costs to do so to the demand amount. So you will want to do so before sending your demand if this is necessary.