Mitchell County Conditional Lien Waiver on Progress Payment Form (North Carolina)

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

Conditional Lien Waiver on Progress Payment Form

Mitchell County Conditional Lien Waiver on Progress Payment Form

Fill in the blank Conditional Lien Waiver on Progress Payment form formatted to comply with all North Carolina recording and content requirements.
Included Mitchell County compliant document last validated/updated 8/12/2024

Conditional Lien Waiver on Progress Payment Guide

Mitchell County Conditional Lien Waiver on Progress Payment Guide

Line by line guide explaining every blank on the form.
Included Mitchell County compliant document last validated/updated 8/26/2024

Completed Example of the Conditional Lien Waiver on Progress Payment Document

Mitchell County Completed Example of the Conditional Lien Waiver on Progress Payment Document

Example of a properly completed form for reference.
Included Mitchell County compliant document last validated/updated 2/28/2024

The following North Carolina and Mitchell County supplemental forms are included as a courtesy with your order:

When using these Conditional Lien Waiver on Progress Payment forms, the subject real estate must be physically located in Mitchell County. The executed documents should then be recorded in the following office:

Mitchell County Register of Deeds

26 Crimson Laurel Circle, Suite #4, Bakersville, North Carolina 28705

Hours: 8:00am to 5:00pm / Recording until 4:30pm

Phone: (828) 688-2139

Local jurisdictions located in Mitchell County include:

  • Bakersville
  • Penland
  • Spruce Pine

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

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

Can the Conditional Lien Waiver on Progress Payment 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 Mitchell County that you need to transfer you would only need to order our forms once for all of your properties in Mitchell County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by North Carolina or Mitchell 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 Mitchell County Conditional Lien Waiver on Progress Payment 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.

A lien waiver is a document drafted by a potential lien claimant such as a contractor, subcontractor, materials provider, equipment lessor or other party to the construction project (the claimant) that states they have received payment and thereby waive any future lien rights to the owner's property. Simply put, waiving a lien means giving up the right to a future lien in exchange for the payment of the potential lien amount in full or part.

Lien waivers generally fall into two categories: conditional and unconditional. A conditional waiver is effective only upon the triggering of a specific event, such as the payment check clearing. An unconditional waiver is an absolute abandonment of the claimant's right to a future lien whether or not payment is ever made to the possible claimant. North Carolina does not provide for lien waivers by statute, although waivers are still permissible and will be recognized by a state court under the principles of contract law.

The Conditional Waiver upon Progress Payment offers the most protection for lien claimants because it states that if the claimant(s) have actually been paid to date (including no return or stopped payment checks) the waiver serves as effective proof against any lien claim on the property. The lien is "conditioned" on receiving payment and is only waived if the claimant actually receives the payment.

Waivers should identify the parties, location of the job or project, relevant dates, costs, and payments, and any other details as needed.

By filing the form, the lien claimant represents that he or she either has already paid or will use the money he or she receives from this progress payment in order to make prompt payment in full to all his or her laborers, subcontractors, materialmen and suppliers for all work, materials or equipment that are the subject of this waiver and release.

Lien waivers also allow property owners to shield the title to their property from the general contractor, material suppliers, and subcontractors involved with a project. With a lien release upon a progress payment, the property owner moves toward clear title and the ability to obtain financing or sell the property. Proper lien waivers can also protect the property owner from liens filed by the contractor's subcontractors, suppliers and laborers who might record a lien if they are not paid by the contractor.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of a legal professional. Please contact an attorney with questions about using lien waivers, or for any other issues related to liens in North Carolina.

Our Promise

The documents you receive here will meet, or exceed, the Mitchell 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 Mitchell County Conditional 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 and local jurisdictions.

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October 3rd, 2024

Great experience, highly recommend.

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September 28th, 2024

The process was fast and efficient. I did get a bit confused after entering info for my package but soon realized I had completed this part of the process and only needed to leave the page and wait for review of the document and then the invoice. It was pretty simple. After payment of the invoice I was notified that the document had been submitted. A few hours later I received notice that the document was recorded by the city. It was fast!

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September 27th, 2024

The guide I needed was very easy to understand and the template was easy to complete. I had a property attorney review the deed before I had it registered and she was impressed. She said she couldn't have written it better herself! Definitely worth the money instead of paying high dollar attorney fees for a simple task.

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February 10th, 2019

Received the documents, but the explanation and process is not as straightforward as I would have liked. The Instructions and Sample document were not always easy to follow.

I may just have a real estate lawyer perform the task.

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