Ohio Conditional Lien Waiver
County Forms
Where is the property located?
Adams CountyAllen CountyAshland CountyAshtabula CountyAthens CountyAuglaize CountyBelmont CountyBrown CountyButler CountyCarroll CountyChampaign CountyClark CountyClermont CountyClinton CountyColumbiana CountyCoshocton CountyCrawford CountyCuyahoga CountyDarke CountyDefiance CountyDelaware CountyErie CountyFairfield CountyFayette CountyFranklin CountyFulton CountyGallia CountyGeauga CountyGreene CountyGuernsey CountyHamilton CountyHancock CountyHardin CountyHarrison CountyHenry CountyHighland CountyHocking CountyHolmes CountyHuron CountyJackson CountyJefferson CountyKnox CountyLake CountyLawrence CountyLicking CountyLogan CountyLorain CountyLucas CountyMadison CountyMahoning CountyMarion CountyMedina CountyMeigs CountyMercer CountyMiami CountyMonroe CountyMontgomery CountyMorgan CountyMorrow CountyMuskingum CountyNoble CountyOttawa CountyPaulding CountyPerry CountyPickaway CountyPike CountyPortage CountyPreble CountyPutnam CountyRichland CountyRoss CountySandusky CountyScioto CountySeneca CountyShelby CountyStark CountySummit CountyTrumbull CountyTuscarawas CountyUnion CountyVan Wert CountyVinton CountyWarren CountyWashington CountyWayne CountyWilliams CountyWood CountyWyandot CountyConditional Lien Waiver for Real Estate Located in Ohio
Ohio's mechanic's lien law does not provide for a statutory lien waiver form, but Ohio courts recognize elective lien waivers under principles of contract law. The waivers identify the claimant, the party responsible for paying, the project, relevant dates, and the amount paid. Sign the completed waiver in front of a notary, then record it in the land records of the county where the project is located.
In general, a lien waiver is used to release an owner's property from a lien claim, either in full or in part, and either conditional, meaning the payment must clear the bank prior to waiving lien rights, or unconditional, meaning that the claimant waives the lien immediately, regardless of whether or not the payment clears the bank.
For instance, if the customer owes $5,000.00 on a construction job and remits a partial payment of $2,500.00, the payor may request a waiver that states he or she has paid that amount and in turn the claimant will give up the right to a lien for $2,500.00 of the total amount. If the check has not yet cleared the bank, use a conditional waiver that is only effective upon actual receipt of payment.
Each case is unique, and the lien law is complicated so contact an attorney familiar with Ohio mechanic's liens with specific questions or for complex situations.