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I already have liens in place and the person is requesting a Leon waiver what does that mean?

TexasLien Waivers

I have placed leins on a client and now through level set they have requested a Leon waiver. I am unsure of what that means as they have not paid yet so I am not willing to waive the lein

2 replies

Nov 6, 2020

There's two types of waivers, those being unconditional and conditional waivers. DO NOT provide an unconditional waiver unless you are paid in full. However, you can provide a conditional waiver that is contingent on final payment. That way, if they don't actually issue final payment, you have not waived anything. The waivers are statutory forms in Texas meaning its very easy to find a copy of both types. I do not know if LevelSet offers these forms or not.

Very best,

Ben 

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Nov 7, 2020

Hello,

Exactly. They are only requesting a waiver because they do not want the lien on the property. They are being inconvenienced by it. Your lien will now stay right there until you decide to enforce it or the statute of limitations runs on lien enforcement. Or until they pay you.

Do not sign a lien waiver until they pay you. And if they want to pay you with a check, tell them cashier's check or nothing. You do not have time to be signing a lien waiver only to have a check cancelled on you because then you have to pay someone to sue them.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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