Habersham County Interim Lien Waiver and Release Form

Habersham County Interim Lien Waiver and Release Form
Fill in the blank Interim Lien Waiver and Release form formatted to comply with all Georgia recording and content requirements.

Habersham County Interim Lien Waiver and Release Guide
Line by line guide explaining every blank on the form.

Habersham County Completed Example of the Interim Lien Waiver and Release Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional Georgia and Habersham County documents included at no extra charge:
Where to Record Your Documents
Clerk of Superior Court
Clarkesville, Georgia 30523
Hours: 8:00am-5:00pm M-F
Phone: (706) 839-0300
Recording Tips for Habersham County:
- Check that your notary's commission hasn't expired
- White-out or correction fluid may cause rejection
- Make copies of your documents before recording - keep originals safe
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Habersham County
Properties in any of these areas use Habersham County forms:
- Alto
- Clarkesville
- Cornelia
- Demorest
- Mount Airy
- Turnerville
Hours, fees, requirements, and more for Habersham County
How do I get my forms?
Forms are available for immediate download after payment. The Habersham County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
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 I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Habersham County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Habersham County?
Recording fees in Habersham County vary. Contact the recorder's office at (706) 839-0300 for current fees.
Have other questions? Contact our support team
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.
The Interim Waiver and Release upon Payment is used when a claimant is requested to execute a waiver and release in exchange for or to induce payment other than final payment (such as a partial or progress payment). O.C.G.A. 44-14-366(c). Use it for an expected progress payment on the project, or any payment other than final payment. If the responsible party fails to pay after 60 days of executing this waiver, the contractor needs to file a claim for a mechanic's lien or affidavit of non-payment. O.C.G.A. 44-14-366(2).
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 lien waivers or any other issues related to liens in Georgia.
Important: Your property must be located in Habersham County to use these forms. Documents should be recorded at the office below.
This Interim Lien Waiver and Release meets all recording requirements specific to Habersham County.
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
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