Habersham County Final Lien Waiver and Release Form (Georgia)

All Habersham County specific forms and documents listed below are included in your immediate download package:

Final Lien Waiver and Release Form

Habersham County Final Lien Waiver and Release Form

Fill in the blank Final Lien Waiver and Release form formatted to comply with all Georgia recording and content requirements.
Included Habersham County compliant document last validated/updated 5/22/2024

Final Lien Waiver and Release Guide

Habersham County Final Lien Waiver and Release Guide

Line by line guide explaining every blank on the form.
Included Habersham County compliant document last validated/updated 3/18/2024

Completed Example of the Final Lien Waiver and Release Document

Habersham County Completed Example of the Final Lien Waiver and Release Document

Example of a properly completed form for reference.
Included Habersham County compliant document last validated/updated 4/29/2024

When using these Final Lien Waiver and Release forms, the subject real estate must be physically located in Habersham County. The executed documents should then be recorded in the following office:

Clerk of Superior Court

295 Llewellyn St, Suite 110, Clarkesville, Georgia 30523

Hours: 8:00am-5:00pm M-F

Phone: (706) 839-0300

Local jurisdictions located in Habersham County include:

  • Alto
  • Clarkesville
  • Cornelia
  • Demorest
  • Mount Airy
  • Turnerville

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 Habersham 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 Habersham County using our eRecording service.
Are these forms guaranteed to be recordable in Habersham County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Habersham County including margin requirements, content requirements, font and font size requirements.

Can the Final Lien Waiver and Release 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 Habersham County that you need to transfer you would only need to order our forms once for all of your properties in Habersham County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Georgia or Habersham 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 Habersham County Final Lien Waiver and Release 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.

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.

Our Promise

The documents you receive here will meet, or exceed, the Habersham 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 Habersham County Final Lien Waiver and Release 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.

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