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FAQ

A lien is a claim on property to ensure payment of a debt. When you borrow money to purchase a car, the lender files a lien on the vehicle with the state to insure that if the loan defaults, the lender can take the car. When the debt is fully repaid, a release of the lien is provided by the lender.

A lien waiver is signed before a lien is actually filed. The party submitting the lien waiver states that they waive the right to lien against the project. In some instances, the property owner or general contractor may request that you sign and deliver a lien waiver before payment is disbursed.

The main purpose of a lien waiver is to provide protection to the paying party. In exchange for such payment, the lien waiver waives the payee's right to file a lien for the exact value of the payment they have received.

Lien waivers that are given after payment is received and which generally cover payments received in a prior pay period are considered trailing lien waivers.Lien waiv- ers are typically provided with each requisition during the course of the project and at final completion of the project.

LIen waivers are not required to be notarized. The primary times that a document needs to be notarized is if it is going to be filed with the county recorder or it is an affidavit. There are some other documents that often use notarization, but lien waivers don't fall into any of those that "need to be notarized."

New Mexico Waiver of Lien

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FAQ

What does it mean to release a lien?

When should a lien waiver be signed?

Why are lien waivers required?

What is a trailing lien waiver?

Are lien waivers required to be notarized?

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