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Yes, Georgia requires lien waivers to comply with the statutory forms provided in order for the waiver to be valid and enforceable. Any modifications to the required forms could potentially invalidate the waiver. These statutory form requirements are governed by O.C.G.A.
The lien release must be filed with the county recorder to cancel the previously filed lien instrument. The lien release is different than a lien waiver because it discharges an already filed lien, while a waiver surrenders the right to file one in the first place.
Recorded liens are public information. Mortgage companies, financial institutions and taxpayers may obtain payoff information from the Department upon request by going to Georgia Tax Center and searching for a liens' payoff information using the SOLVED (Search for a Lien) database.
Titles are mailed from the Georgia Department of Revenue (DOR) and generally received within 7-10 business days. If you need the title the same day, you can visit the DOR office in Atlanta.
The lienholder signs the title in the lien release section, then sends it to the owner. At that time the owner may decide to apply for a new title that does not show the lien or to keep the title as is.
If the vehicle title indicates a lien for the previous owner, the lien must be released on the title. If the lien has not been released on the title, you will need to submit a Lien Release form with an original signature (no photocopies or faxes) that has been completed by the lienholder.
In Georgia, if payment has not been received for labor, materials or services, a lien claimant must file his Claim of Lien within three months (not 90 days) from the time the last materials, labor or services were delivered or supplied to the project, or its lien rights are deemed forever abandoned.
Release of Claim of Lien for Real Estate Located in Georgia Construction liens must be canceled once payment has been received, the lien expires, or for any other reason. The lien release must be filed with the county recorder to cancel the previously filed lien instrument.