Upshur County Conditional Waiver and Release on Progress Payment Form (Texas)
All Upshur County specific forms and documents listed below are included in your immediate download package:
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 Upshur County compliant document last validated/updated 11/18/2024
Conditional Waiver and Release on Progress Payment Guide
Line by line guide explaining every blank on the form.
Included Upshur County compliant document last validated/updated 8/15/2024
Completed Example of the Conditional Waiver and Release on Progress Payment Document
Example of a properly completed form for reference.
Included Upshur County compliant document last validated/updated 9/2/2024
The following Texas and Upshur County supplemental forms are included as a courtesy with your order:
When using these Conditional Waiver and Release on Progress Payment forms, the subject real estate must be physically located in Upshur County. The executed documents should then be recorded in the following office:
Upshur County Clerk
Courthouse - 215 N Titus St, 2nd floor / PO Box 730, Gilmer, Texas 75644
Hours: Monday - Friday 8:00am - 12:00 & 1:00 -4:30pm
Phone: (903) 843-4015
Local jurisdictions located in Upshur County include:
- Big Sandy
- Diana
- Gilmer
- Ore City
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 Upshur 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 Upshur County using our eRecording service.
Are these forms guaranteed to be recordable in Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur 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 Upshur County that you need to transfer you would only need to order our forms once for all of your properties in Upshur County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Texas or Upshur 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 Upshur 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 Upshur 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 Upshur 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.
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James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
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Thomas G.
November 21st, 2024
Wasn’t what I expected
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Jimmy P.
November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
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Gloria R.
September 12th, 2023
The website was easy.rn
Thank you!
Kelli M.
April 27th, 2020
It is easy to use but difficult to know when the document has been reviewed for recording and when the invoice is ready. It would be helpful for the website to send an email automatically once the document(s) are ready to be recorded to let you know what the time line is.....Thank you for your help.
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John R.
October 22nd, 2020
5stars for prompt and fast! Website needs work. Hard to navigate for first time users and hard to find where to pay. Emails are more clear than the "message center". Not sure what happened to my other documents, lol
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Melody P.
March 26th, 2021
Great service continues! Thanks again!
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ELOISA F.
May 27th, 2021
Once I had everything right;the recording was fast and easy. I was updated at every juncture and apprised of my mistakes in order to fix and record my deed. To improve service: I think that several different examples and scenarios would have helped. If you have different names from your children; birth certificates and marriage certificates are a requirement in Clark County, NV. If you want to add anyone to the deed in a Quit Claim Deed; you have to add yourself as a grantee even if you are the grantor along with the other grantees.
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Christine A.
December 28th, 2018
So far do good. Don't understand the billing procedure yet and have just sent a request for information. Awaiting reply.
Thank you, Christine Alvarez
Thanks for the feedback. Looks like your E-recording invoice is available. It takes a few minutes for our staff to prepare documents for recording and generate the invoice.
Pamela W.
April 11th, 2019
Signing up was easy and the form was amazing. The ability to type on it (I am on a MAC) was beyond my expectations, the ability to save a blank, save my two documents, save the instructions and sample was excellent. The documents are in the mail and we are hopefully they will be approved. Blessings,
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John M.
March 17th, 2021
Very satisfied with your service. Considering how complicated real estate titles are, this could not have been simpler. Your website worked perfectly.
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Mica M.
March 2nd, 2021
I love deeds.com - hands down, the quickest way to record a warranty deed. The process and communication is so quick - the recording transaction too. Worth the extra $20 to me for my time! I didn't spend over an hour driving around, talking to someone via a kiosk to record the deed, didn't have to spend the energy of loading kids into the car to come with me, etc. The efficiency and timely process is worth the cost! Love having this available! The whole process via deeds.com took less than 5 minutes to upload a document and less than 3 minutes to pay the invoice shortly thereafter. The final recording was in my inbox in less than an hour. Thank you!
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James T.
July 12th, 2021
Very easy to use. Straightforward and informative
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Deanna S.
May 6th, 2020
I loved the fact that the forms came with examples of the required info. That was helpful and made filling out the forms so much easier.
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Robert H.
January 10th, 2024
Easy to use and understand. I am glad to have found this resource.
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