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Conditional Lien Waiver on Final Payment Form - Berks County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/9/2020
Conditional Lien Waiver on Final Payment Guide - Berks County
Line by line guide explaining every blank on the form.
Included document last updated 10/14/2020
Completed Example of the Conditional Lien Waiver on Final Payment Document - Berks County
Example of a properly completed form for reference.
Included document last updated 9/9/2020
*The Following Pennsylvania and Berks County supplemental forms are included as a courtesy with your order.
Realty Transfer Tax - Statement of Value (SOV)
Complete each section and file in duplicate with Recorder of Deeds when: (1) the full value/consideration is not set forth in the deed, (2) the deed is without consideration or by gift, or (3) a tax exemption is claimed. Note: This is a statewide form, required in every county where applicable.
Transfer Tax
This document provides information on transfer tax in Pennsylvania. It also list transfer tax exemptions to determine whether the deed in question is exempt.
Valuation Factors
If transfer tax is due, this list will show how much is owed by county. The longer version of the list includes past rates.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Pennsylvania notaries.
Including:
In Pennsylvania, a contractor or subcontractor may waive his right to file a claim against residential property by a written instrument signed by him or by any conduct which operates equitably to estop such contractor from filing a claim. 49 P.S. 401(a).
Contractors use lien waivers to forfeit or give up their right to claim a mechanic's lien. Usually, the purpose of a waiver is to alleviate concerns by a property owner or other contractor that a lien will be levied on the property. In return for waiving lien rights, the owner or other party makes a full or partial payment. The type of waiver used depends on the type of payment made.
Use a conditional waiver when payment hasn't been made at the time of the waiver or the payment method takes time to clear (such as a check or bank draft). Unconditional waivers are appropriate when a full or final payment has been made and evidence of the payment can be verified. Within each of these two categories, waivers can be granted for a full payment or a partial (or progress) payment.
A waiver by a contractor of lien rights is against public policy, unlawful and void unless given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received. 49 P.S. 401(b). Therefore, waivers will not be recognized by a Pennsylvania court unless payment is made and received. Also, conditional waivers are only accepted for situations involving residential property. In this regard, Pennsylvania grants more protection to parties using lien waivers (and less for the property owner).
In regard to subcontractors, a waiver by a subcontractor of lien rights is against public policy, unlawful and void, unless given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received, or unless the contractor has posted a bond guaranteeing payment for labor and materials provided by subcontractors. 49 P.S. 401(c).
Use the Conditional Waiver and Release of Lien on Final Payment when a final payment is made for any amount due and in return for the payment, the contractor agrees to waive a lien right towards the final amount. Because the waiver is conditional, it should be used when the payment hasn't yet been made or payment is made through a check and some additional time is needed to make sure the bank has properly processed the payment. If the payment is not made within the time allotted for in the waiver, the waiver becomes invalid and a claimant may still seek a lien for that amount.
A valid waiver identifies the parties, the location where the work or improvement took place, relevant dates, and amounts paid. In addition, the form must meet state and local standards for recorded documents. Submit the completed waiver to the recording office for the county where the property is situated.
Mechanic's Liens are governed by Title 49 of the Pennsylvania Consolidated Statutes.
This article is offered for informational purposes only and is not legal advice. This information should not be relied upon as a substitute for speaking with an attorney. Please speak with a Pennsylvania attorney familiar with mechanic's liens law for any questions regarding lien waivers.
Get your Berks County Conditional Lien Waiver on Final 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.
The documents you receive here will meet, or exceed, the Berks 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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