Texas Forms

Cherokee County Conditional Waiver and Release on Progress Payment Form

Cherokee County 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.

Validated 5/19/2025 Preview Form
Cherokee County 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.

Validated 3/5/2025 Preview Form
Cherokee County 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.

Validated 2/3/2025 Preview Form

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

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

Where to Record Your Documents

Cherokee County Clerk

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

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

Phone: (903) 683-2350

Recording Tips for Cherokee County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Request a receipt showing your recording numbers
  • Leave recording info boxes blank - the office fills these
  • Recording fees may differ from what's posted online - verify current rates
  • Have the property address and parcel number ready

Cities and Jurisdictions in Cherokee County

Properties in any of these areas use Cherokee County forms:

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

How do I get my forms?

Forms are available for immediate download after payment. The Cherokee 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 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 I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Cherokee 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 Cherokee County?

Recording fees in Cherokee County vary. Contact the recorder's office at (903) 683-2350 for current fees.

Have other questions? Contact our support team

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.

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

This Conditional Waiver and Release on Progress Payment meets all recording requirements specific to Cherokee County.

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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July 5th, 2019

The forms were correct and the instructions and Completed sample were very helpful. I filled it out and filed it at the county office, they didn't question anything. Thank you.

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January 22nd, 2019

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December 20th, 2024

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