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All Baltimore County specific forms and documents listed below are included in your immediate download package:
The Following Maryland and Baltimore County supplemental forms are included as a courtesy with your order.
Affidavit of Residency Form (Baltimore County Document)
Income Tax Withholding Form - Nonresident Real Property Sale (Baltimore County Document)
Intake Sheet - Form (Baltimore County Document)
Transfer Tax Information & Exemptions List (Baltimore County Document)
Certificate of Acknowledgment - Individual (Baltimore County Document)
Lien Certificate Form (Baltimore County Document)
Application for Homestead Tax Credit (Baltimore County Document)
Intake Sheet - Instructions (Baltimore County Document)
Certificate of Acknowledgment - Representative (Baltimore County Document)
Info Sheet: Tax & Exemptions with Examples (April 2016) (Baltimore County Document)
Jurat (Baltimore County Document)
Intake Sheet - Instructions (Maryland Document)
Transfer Tax Information & Exemptions (Maryland Document)
Affidavit of Residency Form (Maryland Document)
Income Tax Withholding Form - Nonresident Real Property Sale (Maryland Document)
Intake Sheet - Form (Maryland Document)
Info Sheet: Tax & Exemptions with Examples (Maryland Document)
Application for Homestead Tax Credit (Maryland Document)
Certificate of Acknowledgment - Individual (Maryland Document)
Certificate of Acknowledgment - Representative (Maryland Document)
Jurat (Maryland Document)
Including:
Unconditional Waiver and Release of Lien on Final Payment
In Maryland, mechanic's liens are governed under Chapter 9 of the Maryland Real Property Code. The term "waiver" refers to giving up a legal right. In this case, the person granting the waiver is giving up the right to seek a mechanic's lien for all or part of the amount due. This assurance is usually enough to get the other party to pay. Maryland does not use statutory forms for waivers; according to the principles of contract law, the parties may agree to such modifications in writing. Maryland law, however, specifically prohibits any waiver requirement in a contract. Md. Real Prop. Code sections 9-113.
Typically, waivers come in four varieties: unconditional after a progress payment, unconditional after the final payment, conditional after a progress payment, and conditional after the final payment. Unconditional means the waiver is granted immediately, while conditional waivers depend on the property owner meeting specific requirements (conditions), such as the payment clearing the bank, before the waiver takes effect. So, unconditional waivers benefit the owner, and conditional waivers tend to favor the claimant. The payment distinctions are based on the amount due on the project, so progress payment refers to money paid on account, and final payment waivers are used once the balance is paid in full.
A valid lien waiver identifies the parties, the location of the project, relevant dates and payments, and any other information necessary for the specific transaction. After signing the form, the claimant records it with the local agency responsible for maintaining land records.
Use the final unconditional waiver when a full and final payment is made and collectability of the due amount is not an issue. Only grant an unconditional waiver when payment is made through a verified method. The waiver is effective up to the full amount due and the claimant waives any lien rights without condition.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from an attorney. Please contact a Maryland construction law attorney with questions about waivers or anything else about mechanic's liens.
The documents you receive here will meet, or exceed, the Baltimore County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Baltimore County Unconditional Lien Waiver on Final 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.
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