Oglethorpe County Interim Lien Waiver and Release Form (Georgia)

All Oglethorpe County specific forms and documents listed below are included in your immediate download package:

Interim Lien Waiver and Release Form

Oglethorpe County Interim Lien Waiver and Release Form

Fill in the blank Interim Lien Waiver and Release form formatted to comply with all Georgia recording and content requirements.
Included Oglethorpe County compliant document last validated/updated 11/6/2024

Interim Lien Waiver and Release Guide

Oglethorpe County Interim Lien Waiver and Release Guide

Line by line guide explaining every blank on the form.
Included Oglethorpe County compliant document last validated/updated 11/12/2024

Completed Example of the Interim Lien Waiver and Release Document

Oglethorpe County Completed Example of the Interim Lien Waiver and Release Document

Example of a properly completed form for reference.
Included Oglethorpe County compliant document last validated/updated 9/26/2024

When using these Interim Lien Waiver and Release forms, the subject real estate must be physically located in Oglethorpe County. The executed documents should then be recorded in the following office:

Clerk of Superior Court

111 West Main St / PO Box 68, Lexington, Georgia 30648

Hours: 8:00am-5:00pm M-F

Phone: (706) 743-5731

Local jurisdictions located in Oglethorpe County include:

  • Arnoldsville
  • Crawford
  • Lexington
  • Maxeys
  • Stephens

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Oglethorpe County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Oglethorpe County using our eRecording service.
Are these forms guaranteed to be recordable in Oglethorpe County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Oglethorpe County including margin requirements, content requirements, font and font size requirements.

Can the Interim Lien Waiver and Release forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Oglethorpe County that you need to transfer you would only need to order our forms once for all of your properties in Oglethorpe County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Georgia or Oglethorpe County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Oglethorpe County Interim Lien Waiver and Release forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Lien waivers are recorded documents used to inform a property owner and any other interested parties that the person or firm with a potential mechanic's lien right is giving up the right to file that lien in exchange for full or partial payment. Use these documents carefully, because the right to a mechanic's lien is regarded as sacred in the realm on the construction world. Unlike most other states, Georgia takes a different approach to its lien waivers, declaring them void unless payment has been received. O.C.G.A. 44-14-366(b).

Georgia recognizes two major types of waivers: The Interim Waiver and Release upon Payment and the Waiver and Release upon Final Payment. O.C.G.A. 44-14-366. These two waivers also fit into the minor categories of being conditioned or not conditioned on actual receipt of payment (included a cleared check). The latter categories can have a tremendous effect on lien rights, as sending an unconditional waiver will waive the right to a lien regardless of confirmed payment.

In addition to requiring payment first, Georgia law prohibits preliminary waivers of lien rights before beginning the work: A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. O.C.G.A. 44-14-366(a). Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. Id.

The Interim Waiver and Release upon Payment is used when a claimant is requested to execute a waiver and release in exchange for or to induce payment other than final payment (such as a partial or progress payment). O.C.G.A. 44-14-366(c). Use it for an expected progress payment on the project, or any payment other than final payment. If the responsible party fails to pay after 60 days of executing this waiver, the contractor needs to file a claim for a mechanic's lien or affidavit of non-payment. O.C.G.A. 44-14-366(2).

The form identifies the parties, the location, the nature of the work, relevant dates, and the amount of payment.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice of an attorney. Please contact an attorney with questions about lien waivers or any other issues related to liens in Georgia.

Our Promise

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

Save Time and Money

Get your Oglethorpe County Interim Lien Waiver and Release form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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November 21st, 2024

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