Texas Forms

Wharton County Conditional Waiver and Release on Final Payment Form

Wharton County Conditional Waiver and Release on Final Payment Form

Wharton 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
Wharton County Conditional Waiver and Release on Final Payment Guide

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

Wharton 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 Wharton County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Wharton County Clerk
Address:
309 E Milam St, Suite 700 / PO Box 69
Wharton, Texas 77488

Hours: Monday - Friday 8:00am - 4:30pm / Calls until 5:00pm

Phone: (979) 532-2381

Recording Tips for Wharton County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Documents must be on 8.5 x 11 inch white paper
  • Make copies of your documents before recording - keep originals safe
  • Request a receipt showing your recording numbers
  • Recording early in the week helps ensure same-week processing

Cities and Jurisdictions in Wharton County

Properties in any of these areas use Wharton County forms:

  • Boling
  • Danevang
  • East Bernard
  • Egypt
  • El Campo
  • Glen Flora
  • Hungerford
  • Lane City
  • Lissie
  • Louise
  • Pierce
  • Wharton

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Wharton County

How do I get my forms?

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

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

Recording fees in Wharton County vary. Contact the recorder's office at (979) 532-2381 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 Wharton 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 Wharton County.

Our Promise

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