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North Carolina - Surry County Conditional Lien Waiver on Progress Payment Form

All Surry County specific forms listed below are included in your immediate download:


Surry County Conditional Lien Waiver on Progress Payment Form Page 1

Conditional Lien Waiver on Progress Payment Form - Surry County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/12/2019


Surry County Conditional Lien Waiver on Progress Payment Guide Page 1

Conditional Lien Waiver on Progress Payment Guide - Surry County

Line by line guide explaining every blank on the form.
Included document last updated 8/9/2019


Surry County Completed Example of the Conditional Lien Waiver on Progress Payment Document Page 1

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

Example of a properly completed form for reference.
Included document last updated 7/26/2019


*The Following North Carolina and Surry County supplemental forms are included as a courtesy with your order.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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.
  • Can the 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Surry County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Surry County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Conditional Lien Waiver on Progress Payment Forms:

  • Surry County

Including:

  • Ararat
  • Dobson
  • Elkin
  • Lowgap
  • Mount Airy
  • Pilot Mountain
  • Siloam
  • State Road
  • Toast
  • Westfield
  • White Plains

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What is the North Carolina Conditional Lien Waiver on Progress Payment?

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.

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August 19th, 2019

Name: Michael D.

Review: Your Guide is very good but does not explain precisely where one can find the Instrument Number for the originally filed Claim of Lien.

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Review: I bought a package for doing a mineral deed in Sheridan County, Montana. I will now try to use it and we'll see, I guess, how easy it may or may not be, etc. Check back later perhaps for more details~

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