Hamilton County Final Lien Waiver Form

Hamilton County Final Lien Waiver Form
Fill in the blank Final Lien Waiver form formatted to comply with all Tennessee recording and content requirements.

Hamilton County Final Lien Waiver Guide
Line by line guide explaining every blank on the form.

Hamilton County Completed Example of the Final Lien Waiver Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Tennessee and Hamilton County documents included at no extra charge:
Where to Record Your Documents
Hamilton County Register of Deeds
Chattanooga, Tennessee 37402
Hours: 7:30 am - 5:00 pm Monday - Friday
Phone: (423) 209-6560
Recording Tips for Hamilton County:
- Bring your driver's license or state-issued photo ID
- Request a receipt showing your recording numbers
- Bring extra funds - fees can vary by document type and page count
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Hamilton County
Properties in any of these areas use Hamilton County forms:
- Apison
- Bakewell
- Birchwood
- Chattanooga
- Collegedale
- Harrison
- Hixson
- Lookout Mountain
- Lupton City
- Ooltewah
- Sale Creek
- Signal Mountain
- Soddy Daisy
Hours, fees, requirements, and more for Hamilton County
How do I get my forms?
Forms are available for immediate download after payment. The Hamilton County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
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.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Hamilton County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Hamilton County?
Recording fees in Hamilton County vary. Contact the recorder's office at (423) 209-6560 for current fees.
Questions answered? Let's get started!
Executing a Final Lien Waiver in Tennessee
"Waiver" is a legal term which means giving up a right. A waiver can be written or oral. It can also be expressed by a formal agreement or implied through conduct of the parties. When discussing mechanic's liens, a waiver refers to a written document granted by a lien claimant to a property owner. This document usually confirms a partial or final payment and states that the lien claimant is waiving a right to claim a lien for the partial or full amount. Waivers help ease feelings of distrust between parties dealing at arms-length and give peace of mind for the laborer that he or she will get paid and for the property owner that his or her property won't be burdened by any mechanic's liens.
In Tennessee, lien waivers are governed under 66-11-124 of the Tennessee Property Code. Lien waivers in Tennessee must be explicit and are never implied. The acceptance by the lienor of a note or notes for all or any part of the amount of the lienor's claim shall not constitute a waiver of the lienor's lien, unless expressly so agreed in writing, nor shall it in any way affect the period for serving or recording the notice of lien under this chapter. Tenn. Prop. Code 66-11-124(a). Further, any contract term that purports to waive any right of lien under this chapter is void and unenforceable as against the public policy of this state. Tenn. Prop. Code 66-11-124(b). In fact, if a contractor solicits any person to sign a contract requiring the person to waive a right of lien, the person shall notify the state board for licensing contractors of that fact. Tenn. Prop. Code 66-11-124(b)(2)(A). Upon receiving the information, the executive director of the board shall notify the contractor within a reasonable time after receiving the information that the contract is against the public policy of the state and in violation of this section.
Use a final lien waiver only when the responsible party makes full payment on the balance due. For instance, if the entire contract is for $100,000 and the owner makes a $10,000 progress payment, a partial waiver is appropriate because it allows the contractor to retain lien rights for the remaining amount owed. If a full and final payment of the entire $100,000 or the final $10,000 payment is tendered, then a final lien waiver is appropriate.
A valid waiver is in the form of an affidavit (sworn statement). It identifies the parties, the location of the work, relevant dates and amounts paid, and any other information necessary for the specific situation. Record the completed and notarized document in the records of the county where the property is situated.
This article is provided for informational purposes only and should not be considered legal advice or relied upon as any substitute for speaking with an attorney. Please consult a Tennessee attorney familiar with construction law for any issues regarding mechanic's liens.
Important: Your property must be located in Hamilton County to use these forms. Documents should be recorded at the office below.
This Final Lien Waiver meets all recording requirements specific to Hamilton County.
Our Promise
The documents you receive here will meet, or exceed, the Hamilton 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 Hamilton County Final Lien Waiver 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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February 19th, 2019
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