Do California lien releases need to be notarized?

No, California lien waivers do not need to be notarized, even though it's common for businesses to ask that waivers be notarized.

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North Carolina Unconditional Waiver and Release of Lien Upon Progress...

Unconditional Lien Releases With Notary

Category:

Liens - Construction - Mechanics

State:

North Carolina

Control #:

NC-11-09

Format:

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Description

The Unconditional Lien Releases with Notary is a legal form used to formally waive and release a lien claim held by a lienor upon receipt of payment for labor, services, or materials provided. This document is essential for individuals and entities involved in construction or contractual agreements. Key features include the requirement for both the lienor's signature and a notary public's certification, ensuring authenticity and compliance with state laws. When filling out the form, users should ensure accuracy in listing the payment amount, services rendered, and property details. Editing the form is straightforward, but users must ensure that all relevant fields are correctly filled before execution. It is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who oversee contract management and lien disputes. Utilizing this form helps mitigate potential legal complications arising from unpaid services in the construction industry. It protects lienors while providing a clear record of the transaction for both parties.

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How to fill out North Carolina Unconditional Waiver And Release Of Lien Upon Progress Payment?

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FAQ

Step 1: Contact the Lien Claimant and Request.Step 2: Obtain a Certified Copy of the Claim of Lien.Step 3: Prepare the Required Court Pleadings.Step 4: Copy and Assemble the Documents.Step 5: File Documents in Court, Pay Filing Fee, and Ask Clerk for a Hearing Date.Step 6: Have the Petition and Other Documents Served.More items...?

An unconditional release means no restrictions are imposed on the release of the lien. This type of lien release is typically used in final project documents to verify the project completion, payment finalization, and your release of all future rights to file liens on the project.

No, California lien waivers do not need to be notarized, even though it's common for businesses to ask that waivers be notarized.

How to complete the Conditional Waiver and Release on Progress Payment formName of Claimant. The claimant is the party receiving the payment in other words, the one waiving their lien rights.Name of Customer.Job Location.Owner.Through Date.Maker of the Check.Amount of the Check.Check Payable To.More items...?

North Carolina lien waivers do not need to be notarized to be effective.

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Unconditional Waiver and Release of Lien Upon Progress Payment

Note: This summary is not intended to be an all inclusive discussion of North Carolina's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real property for the making of an improvement thereon shall, upon complying with the provisions of this Article, have a lien on such real property to secure payment of all debts owing for labor done or professional design or surveying services or material furnished or equipment rented pursuant to such contract.

How long does a party have to file a lien?

Claims of lien may be filed at any time after the maturity of the obligation secured thereby but not later than 120 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the lien.

What kind of notice is required prior to filing a lien?

Subcontractors are required to provide the obligor with a Notice to Obligor. This notice is slightly different depending on whether the party issuing the notice is a first, second, or third tier subcontractor, or is more remote.

How long is a lien good for?

An action to enforce the lien created by this Article may be instituted in any county in which the lien is filed. No such action may be commenced later than 180 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the lien.

Are liens assignable?

Yes. North Carolina law specifically permits the assigning of liens. When a claim of lien has been filed, it may be assigned of record by the lien claimant in a writing filed with the clerk of the superior court who shall note said assignment in the margin of the judgment docket containing the claim of lien. Thereafter the assignee becomes the lien claimant of record.

Does this State require a notice prior to starting work, or after work has been completed?

No. North Carolina statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. North Carolina statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. North Carolina statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect. However, two methods under which a lien may be discharged include an acknowledgment of satisfaction of lien which may be filed by either the lien claimant or the property owner with the lien claimant's signature.

Does this State permit the use of a bond to release a lien?

Yes, whenever a sum equal to the amount of the lien or liens claimed is deposited with the clerk of court, to be applied to the payment finally determined to be due, whereupon the clerk of superior court shall cancel the lien or liens of record and whenever a corporate surety bond, in a sum equal to one and one fourth times the amount of the lien or liens claimed and conditioned upon the payment of the amount finally determined to be due in satisfaction of said lien or liens, is deposited with the clerk of court, whereupon the clerk of superior court shall cancel the lien or liens of record.

Unconditional Waiver and Release of Lien Upon Progress Payment

Note: This summary is not intended to be an all inclusive discussion of North Carolina's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Who can file a lien in this State?

How long does a party have to file a lien?

What kind of notice is required prior to filing a lien?

How long is a lien good for?

Are liens assignable?

Does this State require a notice prior to starting work, or after work has been completed?

No. North Carolina statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. North Carolina statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

Does this State permit the use of a bond to release a lien?

Unconditional Lien Releases With Notary

This form is part of a form package!

Description

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How to fill out North Carolina Unconditional Waiver And Release Of Lien Upon Progress Payment?

Form popularity

FAQ

How do I release a lien in California?

What is an unconditional release?

Do California lien releases need to be notarized?

How do you fill out a Conditional waiver and release Upon final payment?

Do NC lien waivers need to be notarized?

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Unconditional Lien Releases With Notary

This form is part of a form package!

Description

Related legal definitions

Viewed forms

How to fill out North Carolina Unconditional Waiver And Release Of Lien Upon Progress Payment?

Form popularity

FAQ

How do I release a lien in California?

What is an unconditional release?

Do California lien releases need to be notarized?

How do you fill out a Conditional waiver and release Upon final payment?

Do NC lien waivers need to be notarized?

Unconditional Lien Releases With Notary Related Searches

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