Henderson County Unconditional Waiver on Progress Payment Form (Texas)
All Henderson County specific forms and documents listed below are included in your immediate download package:
Unconditional Waiver on Progress Payment Form
Fill in the blank Unconditional Waiver on Progress Payment form formatted to comply with all Texas recording and content requirements.
Included Henderson County compliant document last validated/updated 6/5/2024
Unconditional Waiver of Progress Payment Guide
Line by line guide explaining every blank on the form.
Included Henderson County compliant document last validated/updated 11/15/2024
Completed Example of the Unconditional Waiver on Progress Payment Document
Example of a properly completed form for reference.
Included Henderson County compliant document last validated/updated 11/19/2024
The following Texas and Henderson County supplemental forms are included as a courtesy with your order:
When using these Unconditional Waiver on Progress Payment forms, the subject real estate must be physically located in Henderson County. The executed documents should then be recorded in the following office:
Henderson County Clerk
125 N. Prairieville St, Rm 101, Athens, Texas 75751
Hours: Monday - Friday 8:00am - 5:00pm
Phone: (903) 675-6140
Local jurisdictions located in Henderson County include:
- Athens
- Brownsboro
- Chandler
- Eustace
- Larue
- Mabank
- Malakoff
- Murchison
- Poynor
- Trinidad
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 Henderson 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 Henderson County using our eRecording service.
Are these forms guaranteed to be recordable in Henderson County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Henderson County including margin requirements, content requirements, font and font size requirements.
Can the Unconditional Waiver 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 Henderson County that you need to transfer you would only need to order our forms once for all of your properties in Henderson County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Texas or Henderson 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 Henderson County Unconditional Waiver 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 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 an unconditional 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 until the responsible party finds another way to pay the bill.
Texas lien law requires an actual payment before an owner may request an unconditional waiver. A person may not require a claimant or potential claimant to execute an unconditional waiver and release for a progress payment or final payment amount unless the claimant or potential claimant received payment in that amount in good and sufficient funds. See Sec. 53.283.
Under Sec. 53.284(c), if a claimant or potential claimant is required to execute an unconditional waiver and release in exchange for or to induce a progress payment, the waiver becomes effective immediately, up to the point set out in the document.
All unconditional waivers must be titled as such and contain the following required statutory warning: "This document waives rights unconditionally and states that you have been paid for giving up those rights. It is prohibited for a person to require you to sign this document if you have not been paid the payment amount set forth below. If you have not been paid, use a conditional release form."
Further, the waiver 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 Henderson 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 Henderson County Unconditional Waiver 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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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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November 21st, 2024
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November 20th, 2024
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March 25th, 2020
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December 31st, 2018
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May 29th, 2019
My sale is a land contract and it is complicated. We were thinking we'd have to get an attorney. Your site is very thorough and helpful. We will still have an attorney look over our final papers --and we are still waiting on my deed from the bank to finalize our input. Had several questions, but they seemed to be answered as I went along. The actual process of downloading and saving and having a link went very smoothly. Thank you.
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November 1st, 2021
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January 31st, 2019
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