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Tennessee - Polk County Final Lien Waiver Form

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


Polk County Final Lien Waiver Form Page 1

Final Lien Waiver Form - Polk County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/30/2021


Polk County Final Lien Waiver Guide Page 1

Final Lien Waiver Guide - Polk County

Line by line guide explaining every blank on the form.
Included document last updated 3/2/2021


Polk County Completed Example of the Final Lien Waiver Document Page 1

Completed Example of the Final Lien Waiver Document - Polk County

Example of a properly completed form for reference.
Included document last updated 2/22/2021


*The Following Tennessee and Polk County supplemental forms are included as a courtesy with your order.


Affidavit of Value

Affidavit of Value

Unless the conveyance is exempt, this form is required. It includes instructions and a list of exemptions.


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.
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    • 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?
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  • 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 Polk County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Polk 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?
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  • Are there any recurring fees involved?
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Areas covered by these Final Lien Waiver Forms:

  • Polk County

Including:

  • Benton
  • Conasauga
  • Copperhill
  • Delano
  • Ducktown
  • Farner
  • Ocoee
  • Old Fort
  • Reliance
  • Turtletown

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What is the Tennessee Final Lien Waiver?

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.

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Save Time and Money

Get your Polk 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.

Our Promise

The documents you receive here will meet, or exceed, the Polk 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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