Independence County Waiver of Mechanic Lien Form (Arkansas)

The following Arkansas and Independence County supplemental forms are included as a courtesy with your order:

When using these Waiver of Mechanic Lien forms, the subject real estate must be physically located in Independence County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Independence County include:

• Batesville
• Charlotte
• Cord
• Cushman
• Desha
• Floral
• Locust Grove
• Magness
• Newark
• Oil Trough
• Pleasant Plains
• Rosie
• Salado
• Sulphur Rock
• Thida

Arkansas provides no statutory direction for waiving rights of lien; however, it is customary for a claimant (contractor) to record a waiver of lien or partial waiver of lien as evidence of receipt of payment.

Lien waivers act as a sort of receipt, stating that a payment or arrangement for payment has been made by the owner for the potential lien claimant's furnishing of labor, materials, services, or equipment on an underlying contract. Waivers do not release the claimant's future rights to lien for labor, materials, services, or equipment furnished after the date the waiver is signed by the claimant.

A typical waiver of lien rights states contains a description of the subject property and the property's address. It identifies the claimant as the executing party and names the title owner of the property with whom the claimant has contracted. Most importantly, it contains a date up to which the claimant is waiving his right to lien (the execution date).

The waiver is signed by the contractor or individual acting on behalf of the contractor. The waiver does not have to be notarized for it to be valid. Waivers are recorded in the circuit court clerk's office in the county where the property is situated. Before recording, ensure the document complies with the standardized document form act, codified at Ark. Code Sec. 14-15-402.

Consult a lawyer with questions about waivers of right to lien, or for any other issues related to mechanic's liens in Arkansas.

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The documents you receive here will meet, or exceed, the Independence County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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