Rains County Conditional Waiver and Release on Progress Payment Form
Last validated July 22, 2026 by our Forms Development Team
Rains 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.

Rains County Conditional Waiver and Release on Progress Payment Guide
Line by line guide explaining every blank on the form.

Rains County Completed Example of the Conditional Waiver and Release on Progress Payment 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 Texas and Rains County documents included at no extra charge:
Where to Record Your Documents
Rains County Clerk - Courthouse Annex
Emory, Texas 75440
Hours: Monday - Friday 8:00am - 4:30pm
Phone: 903-473-5000
Recording Tips for Rains County:
- White-out or correction fluid may cause rejection
- Recording fees may differ from what's posted online - verify current rates
- Both spouses typically need to sign if property is jointly owned
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Rains County
Properties in any of these areas use Rains County forms:
- Emory
- Point
Hours, fees, requirements, and more for Rains County
How do I get my forms?
Forms are available for immediate download after payment. The Rains 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 Rains County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Rains County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Rains 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 Rains County?
Recording fees in Rains County vary. Contact the recorder's office at 903-473-5000 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 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 Rains 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 Rains County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Rains County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
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