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

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

Conditional Waiver and Release on Progress Payment Form

Smith 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 Smith County compliant document last validated/updated 5/19/2025

Conditional Waiver and Release on Progress Payment Guide

Smith County Conditional Waiver and Release on Progress Payment Guide

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

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

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

Example of a properly completed form for reference.
Included Smith 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 Smith County. The executed documents should then be recorded in the following office:

Smith County Clerk

200 East Ferguson St, Suite 300, Tyler, Texas 75702

Hours: 8:00am - 4:45pm M-F

Phone: (903) 590-4670

Local jurisdictions located in Smith County include:

  • Arp
  • Bullard
  • Flint
  • Lindale
  • Troup
  • Tyler
  • Whitehouse
  • Winona

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 Smith 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 Smith County using our eRecording service.
Are these forms guaranteed to be recordable in Smith County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smith 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 Smith County that you need to transfer you would only need to order our forms once for all of your properties in Smith County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Texas or Smith 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 Smith 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 Smith 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 Smith 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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January 12th, 2019

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January 16th, 2019

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