Smith County Partial Lien Waivers Form

Smith County Partial Lien Waivers Form
Fill in the blank Partial Lien Waivers form formatted to comply with all Tennessee recording and content requirements.

Smith County Partial Lien Waiver Guide
Line by line guide explaining every blank on the form.

Smith County Completed Example of the Partial 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 Smith County documents included at no extra charge:
Where to Record Your Documents
Smith County Register of Deeds
Carthage, Tennessee 37030
Hours: 8:00 to 4:00 M-F
Phone: (615) 735-1760
Recording Tips for Smith County:
- Ensure all signatures are in blue or black ink
- Both spouses typically need to sign if property is jointly owned
- Recording fees may differ from what's posted online - verify current rates
Cities and Jurisdictions in Smith County
Properties in any of these areas use Smith County forms:
- Brush Creek
- Carthage
- Chestnut Mound
- Dixon Springs
- Elmwood
- Gordonsville
- Hickman
- Lancaster
- Pleasant Shade
- Riddleton
Hours, fees, requirements, and more for Smith County
How do I get my forms?
Forms are available for immediate download after payment. The Smith 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 Smith County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith 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 Smith 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 Smith County?
Recording fees in Smith County vary. Contact the recorder's office at (615) 735-1760 for current fees.
Questions answered? Let's get started!
"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 the 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 this state and in violation of this section.
Use a partial lien waiver when a progress payment is made in exchange for the release of a portion of the contractor's lien rights. For instance, it the entire contract is for $100,000 and the owner makes a $10,000 progress payment, a partial waiver is appropriate. This allows the responsible party pay down an outstanding balance while the contractor retains some protection on the remainder.
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 Smith County to use these forms. Documents should be recorded at the office below.
This Partial Lien Waivers meets all recording requirements specific to Smith County.
Our Promise
The documents you receive here will meet, or exceed, the Smith 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 Smith County Partial Lien Waivers 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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