Wharton County Unconditional Waiver on Progress Payment Form

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

Wharton County Unconditional Waiver of Progress Payment Guide
Line by line guide explaining every blank on the form.

Wharton County Completed Example of the Unconditional Waiver 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 Wharton County documents included at no extra charge:
Where to Record Your Documents
Wharton County Clerk
Wharton, Texas 77488
Hours: Monday - Friday 8:00am - 4:30pm / Calls until 5:00pm
Phone: (979) 532-2381
Recording Tips for Wharton County:
- Ask if they accept credit cards - many offices are cash/check only
- Recorded documents become public record - avoid including SSNs
- Ask about accepted payment methods when you call ahead
Cities and Jurisdictions in Wharton County
Properties in any of these areas use Wharton County forms:
- Boling
- Danevang
- East Bernard
- Egypt
- El Campo
- Glen Flora
- Hungerford
- Lane City
- Lissie
- Louise
- Pierce
- Wharton
Hours, fees, requirements, and more for Wharton County
How do I get my forms?
Forms are available for immediate download after payment. The Wharton 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 Wharton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wharton 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 Wharton 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 Wharton County?
Recording fees in Wharton County vary. Contact the recorder's office at (979) 532-2381 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 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 an unconditional 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 until the responsible party finds another way to pay the bill.
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.
Under Sec. 53.284(c), if a claimant or potential claimant is required to execute an unconditional waiver and release in exchange for or to induce a progress payment, the waiver becomes effective immediately, up to the point set out in the document.
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 Wharton County to use these forms. Documents should be recorded at the office below.
This Unconditional Waiver on Progress Payment meets all recording requirements specific to Wharton County.
Our Promise
The documents you receive here will meet, or exceed, the Wharton 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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