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Unconditional Lien Waiver on Progress Payment Form - Frederick County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/16/2020
Unconditional Lien Waiver of Progress Payment Guide - Frederick County
Line by line guide explaining every blank on the form.
Included document last updated 10/13/2020
Completed Example of the Unconditional Lien Waiver on Progress Payment Document - Frederick County
Example of a properly completed form for reference.
Included document last updated 9/30/2020
*The Following Maryland and Frederick County supplemental forms are included as a courtesy with your order.
Affidavit of Residency
If the seller is a resident of Maryland, he or she is exempt from the tax withholding requirement. This form certifies Maryland residency.
Intake sheet
A completed intake sheet is required with every land instrument submitted for recordation in Maryland. Instructions are provided on a separate sheet.
Income Tax Withholding for Non Resident Sale of Real Property
If the seller is a nonresident individual or entity and transferring an interest in real property in Maryland, he or she must file this form along with the deed, unless the transaction is otherwise exempt from the income tax withholding requirement.
Transfer Tax Rates and Exemptions
This excerpt from the Maryland statutes explains the transfer tax and lists exemptions on pp. 6-7. For current local tax rates, consult the list on the Maryland Department of Taxation website (under Tax & Assessment).
Homestead Tax Credit
The Homestead Tax Credit law limits the amount of assessment increase on which eligible resident homeowners actually pay county, municipal, and State property taxes each year. This credit can have a significant impact on your real estate taxes regardless of your property’s value or your income level. If the property is used as your principal residence, you are strongly encouraged to complete this application.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Unconditional Waiver and Release of Lien on Progress 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.
An unconditional waiver is effective when signed and given to the property owner and waives part of the lien amount representing the partial payment made, regardless of the payment's status. So, if accepting a payment via check, avoid using an unconditional waiver if there are doubts about whether the check will clear the bank.
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.
Get your Frederick County Unconditional Lien Waiver on Progress 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.
The documents you receive here will meet, or exceed, the Frederick County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Name: April K.
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October 27th, 2020
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October 27th, 2020
Name: Mike M.
Review: Get Rid of the places to initial each page on the Trust Deed. The Co. Recorder (Davis) does not require that each page be initialled... If I and the "borrower" had initialed each page, then I would have to use US Mail to get the form from AZ to UT because scans of initials are not acceptable, but only a notarized signature from the borrower is...
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