Ohio - Hamilton County Unconditional Lien Waiver Form

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

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*Ohio and Hamilton County supplemental forms are included as a courtesy with your order.

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 Hamilton County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hamilton 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 Unconditional Lien Waiver Forms:

• Hamilton County

Including:

• Addyston
• Camp Dennison
• Cincinnati
• Cleves
• Harrison
• Hooven
• Miamitown
• Mount Saint Joseph
• North Bend
• Terrace Park

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What is the Ohio Unconditional Lien Waiver?

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. If the payment is confirmed, use the unconditional waiver form.

Claimants should exercise extreme caution when using an unconditional waiver. Do not be intimidated by a demand for an unconditional waiver if there is any question about the payment. This is a common trick in the construction industry with devastating consequences, and may lead to forfeiting lien rights without ever being paid. If a claimant waives lien rights too early, the only remedy might be a time-consuming and expensive lawsuit.

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.

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