Texas Forms

Upshur County Conditional Waiver and Release on Final Payment Form

Upshur County Conditional Waiver and Release on Final Payment Form

Upshur County Conditional Waiver and Release on Final Payment Form

Fill in the blank Conditional Waiver and Release on Final Payment form formatted to comply with all Texas recording and content requirements.

Document Last Validated 6/26/2025
Upshur County Conditional Waiver and Release on Final Payment Guide

Upshur County Conditional Waiver and Release on Final Payment Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/15/2025
Upshur County Completed Example of the Conditional Waiver and Release on Final Payment Document

Upshur County Completed Example of the Conditional Waiver and Release on Final Payment Document

Example of a properly completed form for reference.

Document Last Validated 5/8/2025

All 3 documents above included • One-time purchase • No recurring fees

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Important: Your property must be located in Upshur County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Upshur County Clerk
Address:
Courthouse - 215 N Titus St, 2nd floor / PO Box 730
Gilmer, Texas 75644

Hours: Monday - Friday 8:00am - 12:00 & 1:00 -4:30pm

Phone: (903) 843-4015

Recording Tips for Upshur County:
  • Verify all names are spelled correctly before recording
  • Make copies of your documents before recording - keep originals safe
  • Recording fees may differ from what's posted online - verify current rates

Cities and Jurisdictions in Upshur County

Properties in any of these areas use Upshur County forms:

  • Big Sandy
  • Diana
  • Gilmer
  • Ore City

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Upshur County

How do I get my forms?

Forms are available for immediate download after payment. The Upshur 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 Upshur County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur 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 Upshur 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 Upshur County?

Recording fees in Upshur County vary. Contact the recorder's office at (903) 843-4015 for current fees.

Questions answered? Let's get started!

A lien waiver is used by a lien claimant or potential claimant to forfeit his or her right to a lien upon a progress payment or final payment. The waiver can be conditional, meaning that the payment must clear the bank before the lien is released, or unconditional, meaning the lien is released upon the recording of the waiver regardless of whether or not the claimant is ever actually paid.

A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form described in Sec. 53.284 of the Texas Property Code.
The four types of lien waivers in the State of Texas include:
- Conditional Waiver and Release on Progress Payment;
- Unconditional Waiver and Release on Progress Payment;
- Conditional Waiver and Release on Final Payment; and
- Unconditional Waiver and Release on Final Payment

Let's say a contractor finishes work on a project where she recorded a lien. The owner wants the lien released, and writes a check for the full amount of the balance due. The contractor offers a conditional waiver and release on final payment, which protects her interests in case the bank refuses to honor the check. As long as the check is good, the lien gets released. Otherwise, the claimant retains the lien until the responsible party finds another way to pay the bill.

Under Sec. 53.284(d), if a claimant or potential claimant is required to execute a conditional waiver and release in exchange for or to induce the final payment, the waiver becomes valid ONLY AFTER payment in good and sufficient funds, meaning that a single or joint payee check must clear the bank on which it's drawn.

The document identifies the parties, the project, the work and/or materials provided, and relevant dates and payment amounts. Sign it in front of a notary and submit it to the local recording office.

In summary, a lien waiver is an important tool, but take care to use the proper form. The wrong choice can lead to a loss of lien rights before receiving payment. Each case is unique, and Texas lien law can be complicated. Contact an attorney for complex situations, with questions about waivers, or any other issues related to mechanic's liens.

Important: Your property must be located in Upshur County to use these forms. Documents should be recorded at the office below.

This Conditional Waiver and Release on Final Payment meets all recording requirements specific to Upshur County.

Our Promise

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

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