This Conditional Waiver and Release of Lien Upon Final Payment form is for use by a lienor, in consideration of final payment to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a certain date to a customer on the job of an owner of property. This Conditional Waiver and Release of Lien Upon Final Payment is conditioned upon the lienor receiving collected funds for the work described, and if such funds are not received within a specific number of days of the date of this waiver, this Conditional Waiver and Release of Lien is void.
Raleigh North Carolina Conditional Waiver and Release of Lien Upon Final Payment
Category:
State:
North Carolina
City:
Raleigh
Control #:
NC-12-09
Format:
Word;
Rich Text
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How to fill out North Carolina Conditional Waiver And Release Of Lien Upon Final Payment?
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FAQ
In North Carolina, a lien claimant has 120 days from the date of last furnishing to complete these 3 steps: Fill out a mechanics lien form that meets NC requirements.File the lien with the county recorder's office.Serve a copy of the lien on the property owner.
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.
As mentioned, lien agents keep owners in the loop on who is working on their projects. Subcontractors and material suppliers who are further down the construction totem pole now have a clear understanding of whom to send a preliminary notice to.
A Conditional Contractors Lien Release Form is a legal document basically stating that arrangements have been made to pay the lien by issuing a payment to the lien holder. The lien against the property shall be released only upon the condition that the payment clears the lending or banking institution.
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.
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.
In North Carolina, a mechanics lien must be filed after the debt becomes due, but within 120 days from the date of last furnishing labor or materials to the project.
In North Carolina, the claiming party has 120 days from the last date of furnishing to file the lien. N.C. Gen. Stat. § 44A-12(b).