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Conditional Lien Waiver Form - Elbert County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/31/2020
Conditional Lien Waiver Guide - Elbert County
Line by line guide explaining every blank on the form.
Included document last updated 7/22/2020
Completed Example of the Conditional Lien Waiver Document - Elbert County
Included document last updated 7/23/2020
*The Following Colorado and Elbert County supplemental forms are included as a courtesy with your order.
TD 1000 Real Property Transfer Declaration
The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
DR 1083 Colorado Department of Revenue
File this form within 30 days of closing with the Colorado Department of Revenue, together with DR 1079 if applicable. Instructions are included.
DR 1079 Withholding Tax Form
This form is used to pay withholding tax if any is owed.
Non Resident Property Transfer
With certain exceptions, sales of Colorado real property valued at $100,000 or more, if made by nonresidents of Colorado, are subject to a withholding tax in anticipation of the Colorado income tax that will be due on the gain from the sale. The information sheet here provides the necessary details. If the property transfer meets the criteria, the above regular tax forms (DR 1083 and DR 1079) are used by nonresidents.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
There are two types of lien waivers -- conditional and unconditional. A conditional waiver depends on a triggering event occurring, which activates the waiver clause. The event is usually the payment of the due amount or the clearing of an issued check. A conditional waiver offers more protection for the contractor or subcontractor and less for the owner.
The second type of waiver is an unconditional waiver and is effective upon its issue to waive a lien claim for all or part of the potential claim amount. This waiver offers the owner stronger protection and the contractor or subcontractor less assurance of payment. Therefore, it should only be granted when the contractor or sub is close to 100% certain that payment will clear.
So, use the conditional waiver when receiving a check or some other form of payment that might not clear the bank. It is also useful when the owner promises to pay by a specific date in the future, say next Wednesday, but wants a waiver regardless.
Find Colorado's General Mechanic's Lien laws at C.R.S. 38-22.
This article is provided for informational purposes only and should not be relied upon as a substitute for an attorney's advice. Please contact a Colorado attorney with any specific question about lien waivers.
Get your Elbert County Conditional Lien Waiver form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Elbert County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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