Tennessee - Shelby County Final Lien Waiver Forms

Included Forms

All Shelby County specific forms and documents listed below are included in your immediate download package:

Final Lien Waiver Form - Shelby County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/20/2022

Final Lien Waiver Guide - Shelby County

Line by line guide explaining every blank on the form.
Included document last updated 6/2/2022

Completed Example of the Final Lien Waiver Document - Shelby County

Example of a properly completed form for reference.
Included document last updated 5/30/2022

Included Supplemental Documents

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

Affidavit of Value Form (Tennessee Document)

Certificate of Acknowledgment - Individual (Tennessee Document)

Certificate of Acknowledgment - Representative (Tennessee Document)

Jurat (Tennessee Document)

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

• Shelby County

Including:

• Arlington
• Brunswick
• Collierville
• Cordova
• Eads
• Ellendale
• Germantown
• Memphis
• Millington

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.

Our Promise

The documents you receive here will meet, or exceed, the Shelby 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 Shelby 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.

Customer Reviews:

4.8 out of 5 (3552 Reviews)

July 6th, 2022

Name: Valarie H.

Review: Thank you for offering this service. We were getting several different answers on how to solve our problem, and all of them involved getting an attorney. You saved us a ton of money and using your document made everything super easy...no attorney needed! Thank you!

Reply from Staff on July 6th, 2022

Thank you for your feedback. We really appreciate it. Have a great day!

July 5th, 2022

Name: Michael R.

Review: Very simple to use and everything included

Reply from Staff on July 5th, 2022

Thank you for your feedback. We really appreciate it. Have a great day!

July 4th, 2022

Name: Clifford J.

Review: a lil pricey but i was able to knock out what needed to be done within 2 hours and not all day.

Reply from Staff on July 4th, 2022

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

July 2nd, 2022

Name: Scott K.

Review: The beneficiary deed was acceptable to the county clerk and my notarized official deed was mailed to me. The Missouri-based deed met with official approval so all is well in the land that time forgot.

Reply from Staff on July 2nd, 2022

Thank you!

July 1st, 2022

Name: Joseph D.

Review: Exellent and easy! Thqanks!

Reply from Staff on July 1st, 2022

Thank you for your feedback. We really appreciate it. Have a great day!

June 29th, 2022

Name: Judith F.

Review: Was easy to use the eRecording service.

Reply from Staff on June 29th, 2022

Thank you!

June 29th, 2022

Name: eduardo r.

Review: Very easy to fill out forms thank you very much

Reply from Staff on June 29th, 2022

Thank you!

June 28th, 2022

Name: Virginia S.

Review: Very easy to use. Had my Transfer of Death Designation Affidavit done in no time and filed with the Recorder's Office the next day.

Reply from Staff on June 28th, 2022

Thank you for your feedback. We really appreciate it. Have a great day!

June 28th, 2022

Name: William P.

Review: VERY difficult to work with. Nice people. But difficult system. Ask for MANY changes. Why dont you do that as a

Reply from Staff on June 28th, 2022

Sorry to hear of your struggle William. We do hope that you found something more suitable to your needs elsewhere.

June 28th, 2022

Name: Richard R.

Review: Kind of expensive for a 3 page item...but I received it pronto and it will fill the bill.

Reply from Staff on June 28th, 2022

Thank you!