Delta County Unconditional Waiver on Final Payment Form (Texas)

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

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.
Included Delta County compliant document last validated/updated 6/19/2024

Unconditional Lien Waiver on Final Payment Guide

Delta County Unconditional Lien Waiver on Final Payment Guide

Line by line guide explaining every blank on the form.
Included Delta County compliant document last validated/updated 4/24/2024

Completed Example of the Unconditional Waiver on Final Payment Document

Delta County Completed Example of the Unconditional Waiver on Final Payment Document

Example of a properly completed form for reference.
Included Delta County compliant document last validated/updated 4/23/2024

When using these Unconditional Waiver on Final Payment forms, the subject real estate must be physically located in Delta County. The executed documents should then be recorded in the following office:

Delta County Clerk

200 W. Dallas Ave, Cooper, Texas 75432

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

Phone: 903-395-4400 Ext 222

Local jurisdictions located in Delta County include:

  • Ben Franklin
  • Cooper
  • Enloe
  • Klondike
  • Lake Creek
  • Pecan Gap

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 Delta 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 Delta County using our eRecording service.
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 the Unconditional Waiver on Final 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 Delta County that you need to transfer you would only need to order our forms once for all of your properties in Delta County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Texas or Delta 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 Delta County Unconditional Waiver on Final 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 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.

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

Get your Delta County Unconditional Waiver on Final 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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