Raleigh North Carolina Unconditional Waiver and Release of Lien Upon Progress Payment

State:
North Carolina
City:
Raleigh
Control #:
NC-11-09
Format:
Word; 
Rich Text
Instant download

Description

This Unconditional Waiver and Release of Lien Upon Progress Payment form is for use by a lienor, in consideration of a certain sum of money to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a specific date to a customer on the job of an owner of property.

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FAQ

No. Georgia lien waivers must be ?given under hand and seal? and witnessed, but there is no specific requirement for notarization. Note, however, that if an Affidavit of Nonpayment is required after a lien waiver has been signed and delivered, the Affidavit of Nonpayment does require notarization.

Florida Waivers Don't Have to Be Notarized The Florida statutes related to lien waivers do not require waivers to be notarized in order to be effective or enforceable. In fact, only 3 states ? Mississippi, Texas, and Wyoming ? enforce such a requirement.

No. North Carolina does not require mechanics lien waivers to be notarized in order to be effective.

Unconditional Waiver and Release Upon Final Payment Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment and the claimant asserts in the waiver that he or she has received the final payment.

No, North Carolina does not require or provide statutory forms for lien waivers. Because the form and content of lien waivers aren't regulated under North Carolina Mechanics Lien laws, careful attention should be given to the actual terms of the waiver to ensure you're not waiving more than intended.

Where: A Claim of Lien on Real Property must be filed in the county where the property is located. Dated and signed by either the lien claimant or its agent, or the lien claimant's attorney. A Claim of Lien does not need to be notarized.

Obtain a Bond to Discharge the Lien: In North Carolina, residential and commercial property owners have the right to seek a bond from an insurance company to discharge a lien. By doing so, you will essentially free up the property from encumbrance.

§ 44A-12(b) ? 120-day timeframe for filing Claim of Lien on Real Property from date of Last Furnishing. N.C. Gen. Stat.

Notarization Not Required Lien waivers in South Carolina do not need to be notarized in order to be effective, they must merely be in writing.

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.

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Raleigh North Carolina Unconditional Waiver and Release of Lien Upon Progress Payment