Hello! We filed a lien in WA State on a property. The property owner is now ready to pay. They have asked for a waiver and release. It seems like I can do a waiver for the amount due and then when we receive payment I can file the cancellation of the lien with the county, correct? Thank you!
Congratulations on getting paid!
In any case, this is generally a safe practice to ensure the check clears before waiving or releasing any lien rights. However, be sure you execute a conditional waiver in exchange for payment. If that check doesn't clear, then your lien rights are still intact. Once that money hits your account, then a lien release/cancellation form may be filed to remove it from the county records.
One last thing to note, in Washington, once payment has been made the release should be filed fairly quickly . If there is any undue delay and the owner has to petition the court for the removal, you could end up being liable for any costs or attorney fees incurred.