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OTHER NAMESMechanic's Lien Release FormWaiver of LienLaborer's Lien Waiver
What is a Mechanic's Lien Waiver?
If you've paid, or are just about to pay, a mechanic for work they have completed, you can get them to sign a Mechanic's Lien Waiver to help protect yourself from future claims for payment. When you hire a contractor, subcontractor, or supplier, they have a right to put a lien on your property if you don't pay. With a lien waiver (in exchange for your payment), the mechanic will agree to release any lien, or other claim, that they may have against the property they've worked on.
A lien waiver form is an efficient way to help protect yourself financially when you have paid (or you are about to pay) for a mechanic's work. The use of a lien release corm acts as tangible evidence that the mechanic has waived his or her right to a lien on your property. A Mechanic's Lien Waiver, however, should not be used if the mechanic has already tried to enforce a lien or claim, so it is best used preemptively once the work has been completed and you have made payment. A Mechanic's Lien Waiver is a fair way to help establish that you have fully paid up for a mechanic's services on your property.
When to use a Mechanic's Lien Waiver:
You've contracted a mechanic and are ready to pay them, and want to avoid have a lien taken out against your property.
You're a contractor and are getting paid for your work, and want to release your right to a lien on their property.
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Sample Mechanic's Lien Waiver
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MECHANIC'S LIEN WAIVER
("Lienholder")
has performed services for and/or provided materials to , , , under an agreement dated for the on property located at , , as (the "Property"). in the attached Exhibit A (the "Property").
, but only for such labor and/or materials furnished on or before . . The undersigned has not been paid the sum of for work performed and/or materials provided under contract on this project and retains the right to file a lien against the property and pursue any and all actions to recover the full amount due, including any and all equitable claims.
The Lienholder acknowledges that this Waiver releases the Lienholder's rights under the laws of the State of , and further acknowledges that the execution of the Waiver is the Lienholder's voluntary act and deed.
By:
Date:
, COUNTY OF PARISH OF
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared the above named , known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, ______.
The foregoing Mechanic's Lien Waiver was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing Mechanic's Lien Waiver was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, _____ by , who is personally known to me or who has produced ________________________________ as identification.
This Mechanic's Lien Waiver was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Mechanic's Lien Waiver, and acknowledged that such person executed it as such person's voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
_________________________________
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _______________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.