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Is the lien waiver valid?

3 weeks ago

Hi we sent a lien waver to our subcontractor to be signed, their manager signed the document on October 30th and the Notary signed and stamped the document on October 31st. Is this legal ? Is the lien waiver bonding or it is invalid?

Senior Legal Associate Levelset

Lien waivers almost never require notarization. In fact, the only states that require a lien waiver to be notarized are Texas, Wyoming, and Mississippi. So, before going any further, it’s worth noting that New York mechanics lien waivers don’t need to be notarized in order to be considered valid and binding.

With that in mind, a document that is signed and dated on one day but not notarized until the next day would likely not be validly notarized. Still, as mentioned above, New York lien waivers don’t require notarization, so it may be a moot point. Granted, an attempted but failed notarization of a waiver might not look great if a dispute arose and the document required further inspection.

For more background on New York lien waivers, including free waiver templates: New York Lien Waivers Guide and FAQs.

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