Cherokee County Conditional Waiver and Release on Progress Payment Form (Texas)

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

Conditional Waiver and Release on Progress Payment Form

Cherokee County Conditional Waiver and Release on Progress Payment Form

Fill in the blank Conditional Waiver and Release on Progress Payment form formatted to comply with all Texas recording and content requirements.
Included Cherokee County compliant document last validated/updated 5/19/2025

Conditional Waiver and Release on Progress Payment Guide

Cherokee County Conditional Waiver and Release on Progress Payment Guide

Line by line guide explaining every blank on the form.
Included Cherokee County compliant document last validated/updated 3/5/2025

Completed Example of the Conditional Waiver and Release on Progress Payment Document

Cherokee County Completed Example of the Conditional Waiver and Release on Progress Payment Document

Example of a properly completed form for reference.
Included Cherokee County compliant document last validated/updated 2/3/2025

When using these Conditional Waiver and Release on Progress Payment forms, the subject real estate must be physically located in Cherokee County. The executed documents should then be recorded in the following office:

Cherokee County Clerk

135 S Main St / PO Box 420, Rusk, Texas 75785

Hours: Monday - Friday 8:00am - 5:00pm

Phone: (903) 683-2350

Local jurisdictions located in Cherokee County include:

  • Alto
  • Cuney
  • Gallatin
  • Jacksonville
  • Maydelle
  • New Summerfield
  • Reklaw
  • Rusk
  • Wells

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Cherokee County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Cherokee County using our eRecording service.
Are these forms guaranteed to be recordable in Cherokee County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee County including margin requirements, content requirements, font and font size requirements.

Can the Conditional Waiver and Release on Progress Payment 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 Cherokee County that you need to transfer you would only need to order our forms once for all of your properties in Cherokee County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Texas or Cherokee County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Cherokee County Conditional Waiver and Release on Progress Payment 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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 reaches an agreed-upon point a project where she previously recorded a lien. The owner wants the lien released up to that point, and writes a check for the amount due on the work completed. The contractor offers a conditional waiver and release on progress 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 up to the date of the progress payment. Otherwise, the claimant retains the lien rights until the responsible party finds another way to pay the bill.

Under Sec. 53.284(b), if a claimant or potential claimant is required to execute a conditional waiver and release in exchange for or to induce a progress 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 decision 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.

Our Promise

The documents you receive here will meet, or exceed, the Cherokee 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 Cherokee County Conditional Waiver and Release on Progress Payment 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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June 30th, 2025

Great service! Recording was smooth and swiftly performed. Deeds.com is an excellent service.rn

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Robert F.

June 30th, 2025

Breeze.... It feels silly to hire an attorney to do this for just one beneficiary. Thanks.

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June 29th, 2025

Everything that was stated to be included in my order was complete. Very satisfied

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Jacqueline G.

October 10th, 2019

Great site, user friendly. Exactly what we needed and the detailed instructions/completed sample were a nice touch.

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Larry H.

December 23rd, 2020

Nice

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Gertrude F.

April 24th, 2022

I like that DEEDS.com has a variety of forms tht I may need. However, I was disappointed that I am not able to save the PDF forms after I fill in the spaces. If I need to edit anything, I have to go back to the blank form and redo the whole thing. Perhap I am doing something wrong.

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Frank S.

March 28th, 2025

ALL THE DEED DOCUMENTS ARE ALL EXCELLENT AND ADDITIONAL DOCUMENTS REGARDING COMPLETING THE DOCUMENTS!!! EXCELLENT!!

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Doris M M.

March 30th, 2022

EXCELLENT SERVICE. WILL MAINTAIN CONTACT FOR FUTURE REFERENCE.

THANK YOU!

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David B.

December 23rd, 2021

I found the information very helpful.
Had problems producing a professional looking document due to the limited active fields on the PDF form. Finally I just typed it.

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David C.

January 17th, 2020

Very fast service

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Ronald C.

January 31st, 2019

My goal was to find the Covenant, Conditions, and Restrictions for my HOA. From what I can read, these documents should be attached to our Deed (single family, patio home in New Hanover County). I am not sure if I have a copy of my Deed. I would need to check my Safe Deposit Box.

Unfortunately, I was not successful at finding these documents from your Website.

If you can help me find them, I would appreciate that.

Reply from Staff

It is most common to obtain a copy of CC&Rs directly from the HOA. Alternatively, they are also usually a matter of public record recorded with the local recorder and you can obtain a copy there.

Darren G.

December 10th, 2021

Your beneficiary deed sample contains a error of the LDPS designation. I copied the designation of LPDS instead of the correct designation

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Duane L.

September 5th, 2020

Easy to use with very helpful directions.

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Gina M.

August 25th, 2021

Wow, great forms. They do have some protections in place to keep you from doing something stupid but if you use the forms as intended they will work perfectly for you.

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Bryan C.

September 5th, 2021

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