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Unconditional Lien Waiver on Partial Payment Form - Highland County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 4/14/2020
Unconditional Lien Waiver on Partial Payment Guide - Highland County
Line by line guide explaining every blank on the form.
Included document last updated 4/28/2020
Completed Example of the Unconditional Lien Waiver on Partial Payment Document - Highland County
Example of a properly completed form for reference.
Included document last updated 5/18/2020
*The Following Virginia and Highland County supplemental forms are included as a courtesy with your order.
Virginia Land Record Cover Sheet (VLRCS)
When recording a real estate deed in Virginia, a bar-coded, cover sheet is required in many counties/cities. This form must be generated online at the Virginia courts website. The information sheet provides a link to the form generator and further instructions. Contact the local office to confirm whether this cover sheet is required.
VA Circuit Court Deed Fee Schedule
This detailed schedule lists amounts by instrument and includes taxes, both due at the time of recording. We advise customers to contact the local court in order to confirm the amount.
Certificate of Transfer
Use this form for protection of assignees or transferees of debts secured by real estate.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in Virginia.
Including:
Lien waivers are used between contractors and property owners as a quid-pro-quo arrangement to induce payment from an owner, in return for the contractor waiving some or all available mechanic's lien rights. If the appropriate waivers are used, they offer advantages for both the contractor and the owner.
In Virginia, any right to file or enforce any mechanics' lien may be waived in whole or in part at any time by any person entitled to such lien, except that a subcontractor, lower-tier subcontractor, or material supplier may not waive or diminish his lien rights in a contract in advance of furnishing any labor, services, or materials. Va. Code 43-3(C). A provision that waives or diminishes a subcontractor's, lower-tier subcontractor's, or material supplier's lien rights in a contract executed prior to providing any labor, services, or materials is null and void. Id.
The Virginia legislature does not mandate a required form of a lien waiver, so common law principles of contract allow for the parties to use any form that clearly spells out their intentions. Note that it is a felony for any person to knowingly present a waiver form to an owner, his agent, contractor, lender, or title company for the purpose of obtaining funds or title insurance if the person forges or signs the form without authority. Va. Code. 43-13.1.
Waivers fall under two broad categories of "conditional" and "unconditional," and there are two subcategories of waivers for a "partial" or "final" payment. Each type comes with benefits and risks, so take care to use the correct form for the situation.
An unconditional waiver becomes effective when presented to the owner or other party, regardless of whether or not the payment is valid. If you unconditionally waive a lien, you can still sue on a breach of contract or other legal theory, but that is no substitute for the protections and ease of a mechanic's lien in recovering any money owed. An unconditional waiver gives an owner more protection while taking away some rights from the contractor.
Use a partial payment waiver when an owner or agent makes a payment on the amount owed, but still leaves a balance due. This waiver provides notice that the previous lien has been adjusted and the claimant agrees to relinquish rights up to the agreed-upon date and dollar amount.
So, when used properly, waivers can facilitate the flow of business and encourage prompt payment without any unnecessary holdups.
This article is provided for informational purposes only and should not be relied upon a substitute for the advice of an attorney. For any questions about Virginia lien waivers, please speak with a lawyer.
Get your Highland County Unconditional Lien Waiver on Partial 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.
The documents you receive here will meet, or exceed, the Highland County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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May 31st, 2020
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Review: I am an attorney who was trying to draft some deeds in arizona. The deed templates coupled with the document instructions saved me hours work. At 1st I was skeptical, so spent hours figuring out how to draft the documents, but could have saved so much time If I had just spend the $20 sooner. Would use again is needed a deed format as a basis for my drafting.
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Review: I believe you need more instruction on the use of the web site. I would type and nothing would appear on the form. When I tried to save a completed form I ended with a blank form with no detail.
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May 29th, 2020
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Review: This is a very useful site for downloading legal forms - just be sure you're getting the form you need before buying. Unfortunately I selected the wrong form initially and had to buy a 2nd form to correct my error. I saw no way of communicating my error at that point - i.e., loss of one star.
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May 29th, 2020
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Review: My deeds were filed with Pinellas County Florida with a simple process and with no problems. 5 star for sure.
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May 29th, 2020
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Review: worked great
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May 29th, 2020
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Review: Really solid system for determining what may prevent your documents from being accepted. I love the comments section allowing for fluid communication. I only wish there were automated emails for all those communications and once documents were accepted, but I did receive a couple personally-generated emails regarding the progress instructing me to check the site.
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May 29th, 2020
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Review: Couldnt have been easier. Docs recorded the next day!
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May 29th, 2020
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Review: Since the recorder's office is closed, due to Covid, this worked well to submit my Quit Claim Deed. I was a bit confused with the direction and download. But, I think I got her done! We'll see if I get recorded and confirmation is received. I may be back
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May 29th, 2020
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Review: VERY INFORMATIVE
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