Upshur County Conditional Waiver and Release on Progress Payment Form

Upshur 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.

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

Upshur 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
Additional Texas and Upshur County documents included at no extra charge:
Where to Record Your Documents
Upshur County Clerk
Address:
Courthouse - 215 N Titus St, 2nd floor / PO Box 730
Gilmer, Texas 75644
Hours: Monday - Friday 8:00am - 12:00 & 1:00 -4:30pm
Phone: (903) 843-4015
Recording Tips for Upshur County:
- Verify all names are spelled correctly before recording
- Double-check legal descriptions match your existing deed
- Recording fees may differ from what's posted online - verify current rates
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Upshur County
Properties in any of these areas use Upshur County forms:
- Big Sandy
- Diana
- Gilmer
- Ore City
How do I get my forms?
Forms are available for immediate download after payment. The Upshur 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 Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur 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 Upshur 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 Upshur County?
Recording fees in Upshur County vary. Contact the recorder's office at (903) 843-4015 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 Upshur 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 Upshur County.
Our Promise
The documents you receive here will meet, or exceed, the Upshur 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 Upshur 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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July 28th, 2019
Great website, but not helpful in locating my deed dated 1747.
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February 20th, 2020
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Rebecca H.
May 22nd, 2021
I thought the forms were reasonably priced, the instructions included in the packet were thorough, and the examples helpful. Thank you for the additional CDR forms too. I contacted the Recorder's office via email with a question and Jennifer Bowser answered promptly. Job well done! However, when I delivered the deed and Real Property Transfer Declaration to the Clerk's office in Lafayette, the clerk was unfamiliar with the Declaration document being submitted and it took some time to convince her to submit the form without charging the recording fee. She even tried to phone the recorder's office for clarification, but no one answered. There then was an additional form at that office that I had to complete called Recording Request/Transmittal Form. I would suggest including that form with instructions in your on-line packet to speed up the process when a Deed is delivered to the County Clerk's satellite office. I do not expect every clerk to know all the particulars of recording requirements but a little knowledge wouldn't hurt.
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December 22nd, 2021
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June 18th, 2023
Very easy to use. Time will tell if I have any issues getting it recorded. Beats using an attorney who won't return calls and emails like I used before. I like the form plus instructions and an example of the completed form.
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April 25th, 2024
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January 26th, 2019
very informative and thank everyone involved,my deed needed to be changed and will adjusted.
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