Delta County Unconditional Waiver on Final Payment Form

Delta County Unconditional Waiver on Final Payment Form
Fill in the blank Unconditional Waiver on Final Payment form formatted to comply with all Texas recording and content requirements.

Delta County Unconditional Lien Waiver on Final Payment Guide
Line by line guide explaining every blank on the form.

Delta County Completed Example of the Unconditional Waiver on Final 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 Delta County documents included at no extra charge:
Where to Record Your Documents
Delta County Clerk
Cooper, Texas 75432
Hours: Monday - Friday 8:00am - 5:00pm
Phone: 903-395-4400 Ext 222
Recording Tips for Delta County:
- Ask if they accept credit cards - many offices are cash/check only
- Leave recording info boxes blank - the office fills these
- If mailing documents, use certified mail with return receipt
Cities and Jurisdictions in Delta County
Properties in any of these areas use Delta County forms:
- Ben Franklin
- Cooper
- Enloe
- Klondike
- Lake Creek
- Pecan Gap
Hours, fees, requirements, and more for Delta County
How do I get my forms?
Forms are available for immediate download after payment. The Delta 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 Delta County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Delta 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 Delta 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 Delta County?
Recording fees in Delta County vary. Contact the recorder's office at 903-395-4400 Ext 222 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 completes work a project where she recorded a lien. The owner wants the lien released and writes a check for the total amount due. If the contractor offers an unconditional waiver and release on final payment, she gives up her right to lien, even if the bank refuses to honor the check, so make sure any payments clear the bank before issuing such a comprehensive waiver and release.
Texas lien law requires an actual payment before an owner may request an unconditional waiver. A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount unless the claimant or potential claimant received payment in that amount in good and sufficient funds. See Sec. 53.283.
Use a waiver under Sec. 53.284(e) if a claimant or potential claimant is required to execute an unconditional waiver and release to prove the receipt of good and sufficient funds for a final payment. In this document, the claimant or potential claimant asserts that the outstanding balance has been paid in full.
All unconditional waivers must be titled as such and contain the following required statutory warning: "This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form."
Further, the waiver 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 choice 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 Delta County to use these forms. Documents should be recorded at the office below.
This Unconditional Waiver on Final Payment meets all recording requirements specific to Delta County.
Our Promise
The documents you receive here will meet, or exceed, the Delta 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
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