Home>Levelset Community>Legal Help>I am looking for a Lien Waiver that a builder signs when construction has already been started on a house before the bank/lender has recorded their Deed of Trust.

I am looking for a Lien Waiver that a builder signs when construction has already been started on a house before the bank/lender has recorded their Deed of Trust.

TennesseeLien Waivers

The borrower/owner of the land, had the builder begin construction of their new home before the Bank/Lender had their Deed of Trust recorded. I am looking for a Lien Waiver for the Builder to sign for the work done prior to the Deed of Trust being recorded.

1 reply

Mar 26, 2018

When lien rights are to be waived through a certain date - rather than altogether - a partial lien waiver is in order. Since Tennessee is a state where lien waivers do not have to conform to a statutory form, this waiver can come in many different forms. Namely, there are two distinct forms that come to mind - a partial conditional waiver and a partial unconditional waiver. A partial conditional waiver waives all lien rights through a specific date, but those lien rights are only waived upon the receipt of payment. If the payment designated on a partial lien waiver has not been received, the document is not effective to waive lien rights - but once payment is received, the waiver acts just as an unconditional waiver. A partial unconditional waiver is just as it sounds - it waives lien rights unconditionally. So regardless of whether any payment has been made, a partial unconditional lien waiver will waive lien rights for work done through the date designated on the waiver. Here is zlien's Tennessee Partial Conditional Lien Waiver, and here's the zlien Tennessee Partial Unconditional Lien Waiver.

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