Montgomery County Unconditional Lien Waiver Form (Ohio)

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

Unconditional Lien Waiver Form

Montgomery County Unconditional Lien Waiver Form

Fill in the blank Unconditional Lien Waiver form formatted to comply with all Ohio recording and content requirements.
Included Montgomery County compliant document last validated/updated 10/10/2024

Unconditional Lien Waiver Guide

Montgomery County Unconditional Lien Waiver Guide

Line by line guide explaining every blank on the form.
Included Montgomery County compliant document last validated/updated 10/30/2024

Completed Example of the Unconditional Lien Waiver Document

Montgomery County Completed Example of the Unconditional Lien Waiver Document

Example of a properly completed form for reference.
Included Montgomery County compliant document last validated/updated 10/30/2024

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

Montgomery County Recorder

451 W Third St / PO Box 972, Dayton, Ohio 45422-1387

Hours: 8:00 a.m. - 5:00 p.m. Monday - Friday / Documents recorded 8:00 – 4:00

Phone: (937) 225-4275

Local jurisdictions located in Montgomery County include:

  • Brookville
  • Clayton
  • Dayton
  • Englewood
  • Farmersville
  • Germantown
  • Miamisburg
  • New Lebanon
  • Phillipsburg
  • Vandalia

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 Montgomery 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 Montgomery County using our eRecording service.
Are these forms guaranteed to be recordable in Montgomery County?

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

Can the Unconditional Lien Waiver 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 Montgomery County that you need to transfer you would only need to order our forms once for all of your properties in Montgomery County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Ohio or Montgomery 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 Montgomery County Unconditional Lien Waiver 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.

Ohio's mechanic's lien law does not provide for a statutory lien waiver form, but Ohio courts recognize elective lien waivers under principles of contract law. The waivers identify the claimant, the party responsible for paying, the project, relevant dates, and the amount paid. Sign the completed waiver in front of a notary, then record it in the land records of the county where the project is located.

In general, a lien waiver is used to release an owner's property from a lien claim, either in full or in part, and either conditional, meaning the payment must clear the bank prior to waiving lien rights, or unconditional, meaning that the claimant waives the lien immediately, regardless of whether or not the payment clears the bank.

For instance, if the customer owes $5,000.00 on a construction job and remits a partial payment of $2,500.00, the payor may request a waiver that states he or she has paid that amount and in turn the claimant will give up the right to a lien for $2,500.00 of the total amount. If the check has not yet cleared the bank, use a conditional waiver that is only effective upon actual receipt of payment. If the payment is confirmed, use the unconditional waiver form.

Claimants should exercise extreme caution when using an unconditional waiver. Do not be intimidated by a demand for an unconditional waiver if there is any question about the payment. This is a common trick in the construction industry with devastating consequences, and may lead to forfeiting lien rights without ever being paid. If a claimant waives lien rights too early, the only remedy might be a time-consuming and expensive lawsuit.

Each case is unique, and the lien law is complicated, so contact an attorney familiar with Ohio mechanic's liens with specific questions or for complex situations.

Our Promise

The documents you receive here will meet, or exceed, the Montgomery 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 Montgomery County Unconditional Lien Waiver 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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