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Partial Conditional Lien Waiver Form - Dakota County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 12/23/2020
Partial Conditional Lien Waiver Guide - Dakota County
Line by line guide explaining every blank on the form.
Included document last updated 11/30/2020
Completed Example of the Partial Conditional Lien Waiver Document - Dakota County
Example of a properly completed form for reference.
Included document last updated 12/18/2020
*The Following Nebraska and Dakota County supplemental forms are included as a courtesy with your order.
Real Estate Transfer
Any grantee, or grantees authorized representative, who wishes to record a deed to real property must file Form 521. Land contracts, memoranda of contract, and death certificates being recorded pursuant to a transfer on death deed require a completed Form 521, which are not subject to the documentary stamp tax until the deed is presented for recording. Form 521 must be filed with the register of deeds when a deed, land contract, memorandum of contract, or a death certificate being recorded pursuant to a transfer on death deed is presented for recording.
Documentary Stamp Tax Exemption
All transfers of beneficial interest in or legal title to real property are subject to Documentary Stamp Tax based upon the value of the real estate transferred. The tax is due at the time the deed is offered for recording unless specifically exempt under one of the exemptions listed on this page.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Nebraska Partial Conditional Construction Waiver
Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.
The term "waiver" means a voluntary surrender of a legal right. In this case, the person granting the waiver gives up the right to seek a construction lien for all or part of the amount due on an improvement to real property. This assurance is often enough to encourage the other party to pay the outstanding debt.
As set forth by Neb. Rev. Stat. 52-144(2), a written waiver relinquishes all construction lien rights of the claimant as to the improvement to which the waiver relates unless the waiver is specifically limited to a particular lien right or a particular portion of the services or materials furnished. A waiver of lien rights does not affect any contract rights of the claimant otherwise existing. 52-144(3). Acceptance of a promissory note or other evidence of debt is not a waiver of lien rights unless the note or other instrument expressly so declares. 52-144(4).
Expanding on the statute above, Nebraska law generally recognizes four types of lien waivers. These include partial and final waivers. Each waiver can be conditional or unconditional. A partial waiver covers a progress payment and the waiver only applies to that payment amount, range of dates, or another agreed-upon point. A final waiver covers the entire balance. If the waiver is conditional, it is only valid if the payment is made or clears the bank. Unconditional waivers become effective when they are signed, regardless of payment status.
Thus, a Partial Conditional Lien Waiver is appropriate when a partial or progress payment has been made and the claimant agrees to give up the right to claim a lien for that partial payment amount. Note, however, that a written waiver of construction lien rights signed by a claimant requires no consideration and is valid and binding, whether signed before or after the materials or services were contracted for or furnished. Neb. Rev. Stat. 52-144(1). Ambiguities in a written waiver are construed against the claimant. Id.
A valid waiver identifies the parties, the property where the claimant performed the work or improvement, and any other information necessary for the specific situation. The claimant must sign the document in front of a notary, then submit the completed waiver to the recording office for the county where the property is situated.
This article is provided for informational purposes only and is not legal advice. Please contact an attorney with questions lien waivers or any other issues related to construction liens in Nebraska.
Get your Dakota County Partial Conditional Lien Waiver 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 Dakota 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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