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Final Lien Waiver and Release Form - Appling County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/24/2019
Final Lien Waiver and Release Guide - Appling County
Line by line guide explaining every blank on the form.
Included document last updated 6/10/2019
Completed Example of the Final Lien Waiver and Release Document - Appling County
Example of a properly completed form for reference.
Included document last updated 6/14/2019
*The Following Georgia and Appling County supplemental forms are included as a courtesy with your order.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Georgia notaries and officials.
Homestead Exemptions
To be granted a homestead exemption, a person must actually occupy the home, and the home is considered their legal residence for all purposes.
Including:
Lien waivers are recorded documents used to inform a property owner and any other interested parties that the person or firm with a potential mechanic's lien right is giving up the right to file that lien in exchange for full or partial payment. Use these documents carefully, because the right to a mechanic's lien is regarded as sacred in the realm on the construction world. Unlike most other states, Georgia takes a different approach to its lien waivers, declaring them void unless payment has been received. O.C.G.A. 44-14-366(b).
Georgia recognizes two major types of waivers: The Interim Waiver and Release upon Payment and the Waiver and Release upon Final Payment. O.C.G.A. 44-14-366. These two waivers also fit into the minor categories of being conditioned or not conditioned on actual receipt of payment (included a cleared check). The latter categories can have a tremendous effect on lien rights, as sending an unconditional waiver will waive the right to a lien regardless of confirmed payment.
In addition to requiring payment first, Georgia law prohibits preliminary waivers of lien rights before beginning the work: A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. O.C.G.A. 44-14-366(a). Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. Id.
To surrender all rights to a lien, a claimant files a Waiver and Release upon Final Payment. Use this form when a claimant is requested to execute a waiver and release in exchange for or to induce the making of final payment. O.C.G.A. 44-14-366(d).
The form identifies the parties, the location, the nature of the work, relevant dates, and the amount of payment.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact an attorney with questions about waivers, or any other issues related to liens in Georgia.
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