Hays County Conditional Waiver and Release on Final Payment Form (Texas)
All Hays County specific forms and documents listed below are included in your immediate download package:
Conditional Waiver and Release on Final Payment Form
Fill in the blank Conditional Waiver and Release on Final Payment form formatted to comply with all Texas recording and content requirements.
Included Hays County compliant document last validated/updated 5/17/2024
Conditional Waiver and Release on Final Payment Guide
Line by line guide explaining every blank on the form.
Included Hays County compliant document last validated/updated 7/2/2024
Completed Example of the Conditional Waiver and Release on Final Payment Document
Example of a properly completed form for reference.
Included Hays County compliant document last validated/updated 6/11/2024
The following Texas and Hays County supplemental forms are included as a courtesy with your order:
When using these Conditional Waiver and Release on Final Payment forms, the subject real estate must be physically located in Hays County. The executed documents should then be recorded in one of the following offices:
County Clerk's Main Office
Government Center - 712 S Stagecoach Trail, Suite 2008, San Marcos, Texas 78666
Hours: Mon - Fri 8:00am - 4:30pm / Wed until 6:00pm
Phone: (512) 393-7738
County Clerk Precinct 2 Substation
5458 FM 2770 (co-located with Commissioner), Kyle, Texas 78666
Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 4:30pm
Phone: (512) 393-7330
Local jurisdictions located in Hays County include:
- Austin
- Buda
- Driftwood
- Dripping Springs
- Kyle
- San Marcos
- Wimberley
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 Hays 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 Hays County using our eRecording service.
Are these forms guaranteed to be recordable in Hays County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hays County including margin requirements, content requirements, font and font size requirements.
Can the Conditional Waiver and Release on Final Payment 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 Hays County that you need to transfer you would only need to order our forms once for all of your properties in Hays County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Texas or Hays 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 Hays County Conditional Waiver and Release on Final Payment 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.
A lien waiver is used by a lien claimant or potential claimant to forfeit his or her right to a lien upon a progress payment or final payment. The waiver can be conditional, meaning that the payment must clear the bank before the lien is released, or unconditional, meaning the lien is released upon the recording of the waiver regardless of whether or not the claimant is ever actually paid.
A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form described in Sec. 53.284 of the Texas Property Code.
The four types of lien waivers in the State of Texas include:
- Conditional Waiver and Release on Progress Payment;
- Unconditional Waiver and Release on Progress Payment;
- Conditional Waiver and Release on Final Payment; and
- Unconditional Waiver and Release on Final Payment
Let's say a contractor finishes work on a project where she recorded a lien. The owner wants the lien released, and writes a check for the full amount of the balance due. The contractor offers a conditional waiver and release on final payment, which protects her interests in case the bank refuses to honor the check. As long as the check is good, the lien gets released. Otherwise, the claimant retains the lien until the responsible party finds another way to pay the bill.
Under Sec. 53.284(d), if a claimant or potential claimant is required to execute a conditional waiver and release in exchange for or to induce the final payment, the waiver becomes valid ONLY AFTER payment in good and sufficient funds, meaning that a single or joint payee check must clear the bank on which it's drawn.
The document identifies the parties, the project, the work and/or materials provided, and relevant dates and payment amounts. Sign it in front of a notary and submit it to the local recording office.
In summary, a lien waiver is an important tool, but take care to use the proper form. The wrong choice can lead to a loss of lien rights before receiving payment. Each case is unique, and Texas lien law can be complicated. Contact an attorney for complex situations, with questions about waivers, or any other issues related to mechanic's liens.
Our Promise
The documents you receive here will meet, or exceed, the Hays 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 Hays County Conditional Waiver and Release on Final Payment 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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July 31st, 2023
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June 27th, 2023
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September 9th, 2020
I am a litigator based in Lee County that rarely needs to record deeds or mortgages. However, at times, the settlement or resolution of a dispute results in the conveyance of real property. I ended up in a situation where a deed to real property in Bradford County needed to be recorded on behalf of a client. My usual e-recording vendor does not include that County. Registering with Bradford County's regular e-recording vendor would have required an expensive and unnecessary annual fee.
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August 6th, 2020
I filled out the deed, had it notarized, and recorded. No problems. I put this off for so long. Once I had the form it was recorded in one day.
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March 17th, 2019
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January 27th, 2022
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March 4th, 2020
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