Banks County Affidavit of Non Payment Form (Georgia)
All Banks County specific forms and documents listed below are included in your immediate download package:
Affidavit of Non Payment Form
Fill in the blank Affidavit of Non Payment form formatted to comply with all Georgia recording and content requirements.
Included Banks County compliant document last validated/updated 6/18/2025
Affidavit of Non Payment Guide
Line by line guide explaining every blank on the form.
Included Banks County compliant document last validated/updated 4/23/2025
Completed Example of the Affidavit of Non Payment Document
Example of a properly completed form for reference.
Included Banks County compliant document last validated/updated 4/1/2025
The following Georgia and Banks County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Non Payment forms, the subject real estate must be physically located in Banks County. The executed documents should then be recorded in the following office:
Banks County Clerk of Superior Court
144 Yonah-Homer Road, Suite 12, Homer, Georgia 30547
Hours: 8:00am-5:00pm M-F
Phone: (706) 677-6240
Local jurisdictions located in Banks County include:
- Baldwin
- Commerce
- Homer
- Maysville
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Banks County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Banks County using our eRecording service.
Are these forms guaranteed to be recordable in Banks County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Banks County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Non Payment forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Banks County that you need to transfer you would only need to order our forms once for all of your properties in Banks County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Georgia or Banks County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Banks County Affidavit of Non Payment forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
What happens if a contractor records a lien waiver, but the owner never pays the bill?
Best practices dictate that lien claimants should only grant waivers when payment can be verified. Even so, some claimants still choose to execute a waiver before that time. Unlike many other states, Georgia law provides an avenue for recourse: the Affidavit of Non-Payment. An affidavit of non-payment is a sworn statement filed with the county recorder after a lien waiver has already been filed but no payment was ever received.
When executed, a waiver and release of lien is considered binding against the claimant for all purposes, subject only to payment in full of the amount set forth in the waiver and release. 44-14-366(f)(1). This means if payment is never received, the waiver is considered ineffective. Note that, in order to declare the waiver void, the claimant must file an affidavit of non-payment.
An affidavit of non-payment identifies the parties, the nature of work and materials provided, the location of the improvements, the amount unpaid, and the recording information for the waiver. The affiant/claimant signs the document in front of two witnesses, one of whom must be a notary, then submits the completed affidavit to the same office that recorded the original lien and waiver.
The affidavit must be filed sixty days after the date of the execution of the waiver and release. 44-14-366(f)(2)(C). There's an exception to this requirement if the claimant files their lien claim prior to the expiration of the 60-day period. Id.
This article is offered for informational purposes only and should not be relied upon as the substitute for the advice of an attorney. Please contact an attorney with questions about Affidavits of Non-payment or any other issues related to mechanic's liens in Georgia.
Our Promise
The documents you receive here will meet, or exceed, the Banks County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Banks County Affidavit of Non Payment 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 and local jurisdictions.
4.8 out of 5 - ( 4564 Reviews )
Michael G.
July 14th, 2025
Very helpful and easy to use
Your appreciative words mean the world to us. Thank you.
JAMES D.
July 10th, 2025
Slick as can be and so convenient.rnrnWorked like a charm
Thank you for your feedback. We really appreciate it. Have a great day!
MARY LACEY M.
June 30th, 2025
Great service! Recording was smooth and swiftly performed. Deeds.com is an excellent service.rn
We are delighted to have been of service. Thank you for the positive review!
Yvonne W.
December 30th, 2018
I'm not certain yet that this is all I need to do what I need to do. Marion Co. Clerk's office has not been helpful. I found this site from that site & hopefully it will help.
Thanks for the feedback Yvonne. We hope you found what you needed. Have a wonderful day!
Alfred M.
March 12th, 2023
It was a simple process and easily understood the process was seamless and I would highly recommend this to anyone looking to do this.
Thank you for your feedback. We really appreciate it. Have a great day!
Vickey W.
February 5th, 2021
Your company was great, you all walked me through every step of the process. With the pandemic and the inability to go into the DC Recorder of Deeds office. I look forward to working with you in the future.
Thank you for your feedback. We really appreciate it. Have a great day!
Shane T.
March 7th, 2020
The Transfer on Death Deed form package was very good. But like anything, could use some improvements.
There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property"
The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway.
The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.)
It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
Thank you for your feedback. We really appreciate it. Have a great day!
Stacie S.
June 26th, 2020
This process was very simple once I got the form right! I would definitely utilize this system in the future if I needed to.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Tom D.
May 4th, 2019
I have one suggestion and couple of question
I would think that most TOD's would be from married couples. It would be real helpful to have a example of the I(we) block for married couples.
Why would I check or not check the "property is registered (torrents)"
Do I need a notarized signature of the Grantee
Thank you for your feedback. We really appreciate it. Have a great day!
diana c.
February 24th, 2022
quick and easy, thankyou
Thank you!
DARLA L.
September 8th, 2022
I was happy with the quick response to obtain the requested forms. Effective and easy website to use.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Kimberly E.
January 23rd, 2021
This process could not have been made any easier!! Very easy instructions to follow and the response time was incredible! Thank you!
Thank you!
Ernest S.
July 30th, 2019
Took it to the Courthouse and the Register of Deeds said,"well Done" Thanks you so much.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Leesa N.
December 29th, 2022
Easy, Fast, Inexpensive and Responsive!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Jessica H.
March 3rd, 2021
As a first time user I was a little skeptical of the service. But Deeds.com put all my worries aside. Their service is quick and easy. I will definitely be using it again.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!