Hays County Conditional Waiver and Release on Progress Payment Form (Texas)

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

Conditional Waiver and Release on Progress Payment Form

Hays County Conditional Waiver and Release on Progress Payment Form

Fill in the blank Conditional Waiver and Release on Progress Payment form formatted to comply with all Texas recording and content requirements.
Included Hays County compliant document last validated/updated 11/18/2024

Conditional Waiver and Release on Progress Payment Guide

Hays County Conditional Waiver and Release on Progress Payment Guide

Line by line guide explaining every blank on the form.
Included Hays County compliant document last validated/updated 12/6/2024

Completed Example of the Conditional Waiver and Release on Progress Payment Document

Hays County Completed Example of the Conditional Waiver and Release on Progress Payment Document

Example of a properly completed form for reference.
Included Hays County compliant document last validated/updated 12/3/2024

When using these Conditional Waiver and Release on Progress 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 Progress 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 Progress 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 reaches an agreed-upon point a project where she previously recorded a lien. The owner wants the lien released up to that point, and writes a check for the amount due on the work completed. The contractor offers a conditional waiver and release on progress 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 up to the date of the progress payment. Otherwise, the claimant retains the lien rights until the responsible party finds another way to pay the bill.

Under Sec. 53.284(b), if a claimant or potential claimant is required to execute a conditional waiver and release in exchange for or to induce a progress 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 decision 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 Progress 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.

4.8 out of 5 - ( 4448 Reviews )

Dorothy N.

December 22nd, 2024

The mortgage and note were thorough and very satisfactory for my purposes. The accompanying forms were excellent. I am very pleased with my purchase.

Reply from Staff

We welcome your positive feedback and are thrilled to have met your expectations. Thank you for choosing our services.

Edward E.

December 22nd, 2024

Easy to use.

Reply from Staff

Your feedback is valuable to us and helps us improve. Thank you for sharing your thoughts!

MARISSA G.

December 22nd, 2024

I recomemed this webside

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

David J.

November 12th, 2019

Excellent documents, downloaded quick, completed and printed with no problems. Thank you

Reply from Staff

Thank you!

Michael C.

November 20th, 2022

No Search feature on the site? How do I look for forms?

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Deborah K.

February 2nd, 2023

great job but, I wanted to upload a document. I got it wrong, but the info was good.

Reply from Staff

Thank you!

DENNIS K.

July 22nd, 2020

I am a civil engineer, not an attorney. I deal with easements on a regular basis but not so much on the "recording" side of things. I normally prepare the graphic exhibits that accompany the dedication language but I am not the one who provides that language. Your forms solved that issue for me. Thanks.

Reply from Staff

Thank you!

Linda R.

April 30th, 2019

I was happy to have my payment cancelled when no information was found. And I was given a link to contact the deed office directly.

Reply from Staff

Thank you!

Charles C.

November 2nd, 2020

I found this site to be very easy to use . I found and printed what I needed in just a few minutes after getting on the sit . Good work setting up this site . Thank you .

Reply from Staff

Thank you!

Pamela P.

October 12th, 2019

I liked the speed and efficiency of your website.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

L B W.

January 22nd, 2021

Bottom line - it was certainly worth the $21 (+-?) I paid for the form and instructions, etc.
Admittedly the form is a little inflexible in terms of editing for readability but I understand that offering greater flexibility would likely make theft more likely. So I'm happy with what I got. One suggestion - add more info about what's required in the "Source of Title" section.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kenneth K.

October 8th, 2019

It was fast and easy to use.

Reply from Staff

Thank you!

Cindi S.

December 16th, 2018

I asked for a letter of testamentary form and this is what I got. Not at all what I was hoping for. Just spent $20 for nothing. Very disappointed.

Reply from Staff

Thank your or your feedback. We are sorry to hear of the disappointment caused when you ordered our Colorado Personal Representative Deed of Distribution hoping you would receive something entirely different. We have corrected your mistake by canceling your order and payment. Have a wonderful day.

Sharom B.

October 1st, 2021

Easy to navigate site and download forms to PC!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Cary C.

February 8th, 2021

I am very grateful for this service! But I was quite surprised to see the fees went up over 50%! The last 5 or 6 recordings I have done we each only $25.00.

Thank you,
Sally Center

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!