My documents are being mailed today/tomorrow to all parties. The customers lawyer reached out today and sent a copy of our check and is requesring we bring the final lien waiver and collect the check. Do we try to have the lien released now or let it go thru and then have it removed (assuming they make payment)
If the lien has already been sent off for recording, there might not be much to do about it. Sometimes, claimants can call the recorder at the last second and ask them not to record the lien they've initiated the filing process for. But, generally, once that claim is in the mail - it will likely be filed. Still, it couldn't hurt to call the recorder to see if they'll pause the recording or simply set the document aside. You can find your recorder's contact information here: New York County Recorders.
It's generally not a good idea to release a lien simply because payment has been promised. Of course, if the customer is serious and has provided proof they're ready to make payment - like a copy of the check - it might make sense to work with them somewhat. It's common for a claimant to provide a conditional waiver in exchange for payment, or to draw up an unsigned unconditional waiver to show the customer so they know you're prepared to waive the lien claim (it's sort of like them providing you a copy of the check, but not the check itself). For further discussion: If I’ve Been Promised Payment, Should I Wait to File a Mechanics Lien?
Note, of course - if the lien gets filed, a simple lien waiver might not be enough to get rid of it. Rather, a lien release is typically in order. Providing a customer an unsigned copy of a lien release could be a good tactic if payment hasn't yet been received. If payment is in hand, it's generally best to release the lien. This article discusses the timeline for releasing a lien when payment seems to be on the horizon: Construction Lien Release Process: the Timeline is Tricky.