The Chicago Title Waiver Format form is a legal document used in Illinois to waive any lien claims related to construction work performed on a property. This form is essential for contractors, as it provides proof that they have received payment and releases their right to file a mechanics' lien against the property. To ensure compliance and protect your interests, consider filling out the form by clicking the button below.
What is the purpose of the Chicago Title Waiver Format form?
The Chicago Title Waiver Format form is designed to waive any mechanics' lien rights that a contractor or subcontractor may have on a property. By signing this form, the undersigned acknowledges receipt of payment and agrees to release any claims related to labor, materials, or services provided for the specified premises. This helps protect property owners from potential lien claims after payment has been made.
Who should use this form?
This form should be used by contractors, subcontractors, or suppliers who have provided labor or materials for a construction project. If you are involved in the construction or renovation of a property and have received payment, you may need to complete this form to formally waive your lien rights.
What information is required to complete the form?
To complete the form, you will need to provide the following information:
What are "extras" in the context of this form?
In this context, "extras" refer to any additional work or materials that were not included in the original contract. This can include change orders, which may be either verbal or written. It is important to account for these extras when completing the form to ensure all claims are properly waived.
What happens if the form is not completed?
If the form is not completed and submitted, you may retain your right to file a mechanics' lien against the property. This could create potential issues for the property owner, as they may face claims for unpaid work or materials. Completing the form helps to clarify that payment has been made and reduces the risk of future disputes.
Is notarization required for this form?
Yes, notarization is required for the Chicago Title Waiver Format form. The signature of the contractor must be witnessed by a notary public to ensure the authenticity of the document. This adds an additional layer of protection for all parties involved.
Where can I obtain this form?
This form can typically be obtained from your attorney, title company, or directly from the Chicago Title Insurance Company. It is important to ensure you are using the most current version of the form to comply with legal requirements.
When engaging in real estate transactions, several forms and documents accompany the Chicago Title Waiver Format form to ensure clarity and legal compliance. Each document plays a vital role in protecting the rights and responsibilities of all parties involved. Below is a list of commonly used forms that may be required alongside the waiver.
Understanding these documents enhances the overall process of real estate transactions. Each form contributes to a well-organized and legally sound agreement, ensuring that all parties are protected and informed throughout the project lifecycle.
WAIVER OF LIEN TO DATE
S STATE OF ILLINOIS
Gty #
COUNTY OF
Escrow #
TO WHOM IT MAY CONCERN:
WHEREAS the undersigned has been employed by
to furnish
for the premises known as
of which
is the owner.
THE undersigned, for and in consideration of
($) Dollars, and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) hereby waive and release any and all lien or claim of, or right to, lien, under the statutes of the State of Illinois, relating to mechanics’ liens, with respect to and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the moneys, funds or other considerations due or to become due from the owner, on account of all labor, services, material, fixtures, apparatus or machinery, furnished to this date by the undersigned for the above-described premises,
INCLUDING EXTRAS.* DATE
ADDRESS
SIGNATURE AND TITLE _______________________________________________________________________________
*EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT
CONTRACTOR’S AFFIDAVIT
STATE OF ILLINOIS
THE UNDERSIGNED, (NAME)
BEING DULY SWORN, DEPOSES
AND SAYS THAT HE OR SHE IS (POSITION)
OF
(COMPANY NAME)
WHO IS THE
CONTRACTOR FURNISHING
WORK ON THE BUILDING
LOCATED AT
OWNED BY
That the total amount of the contract including extras* is $
on which he or she has received payment of
$prior to this payment. That all waivers are true, correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names and addresses of all parties who have furnished material or labor, or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to complete said work according to plans and specifications:
NAMES AND ADDRESSES
WHAT FOR
CONTRACT PRICE INCLDG EXTRAS*
AMOUNT
PAID
THIS
PAYMENT
BALANCE
DUE
TOTAL LABOR AND MATERIAL INCLUDING EXTRAS* TO COMPLETE.
That there are no other contracts for said work outstanding, and that there is nothing due or to become due to any person for material, labor or other work of any kind done or to be done upon or in connection with said work other than above stated.
DATE_______________________________
SIGNATURE:_______________________________________________
SUBSCRIBED AND SWORN TO BEFORE ME THIS______________________DAY OF__________________,__________
*EXTRAS INCLUDE BUT ARE NOT LIMITED TO CHANGE
_____________________________________________
ORDERS, BOTH ORAL AND WRITTEN, TO THE CONTRACT.
NOTARY PUBLIC
f.1722 R5/96
Provided by Chicago Title Insurance Company
Completing the Chicago Title Waiver Format form requires attention to detail, and several common mistakes can lead to complications. One frequent error is failing to include the company name at the beginning of the form. This information is crucial as it identifies the entity waiving the lien rights. Without it, the document may be considered incomplete.
Another mistake involves neglecting to specify the date of the waiver. The date is essential for establishing the timeline of the waiver and ensuring that all parties are aware of when the waiver takes effect. Omitting this detail can create confusion regarding the validity of the waiver.
Many individuals also overlook the importance of accurately stating the owner's name and property address. Errors in this section can lead to disputes about which property the waiver pertains to. It is vital to ensure that this information is precise and matches official records.
Additionally, the amount of consideration must be clearly indicated. Some people mistakenly leave this section blank or provide an incorrect figure. This amount represents the compensation received in exchange for waiving lien rights and should be stated accurately to avoid future claims.
Another common oversight is failing to list all relevant parties who have provided labor or materials. The form requires a comprehensive account of all contributors to the project. Missing names or addresses can lead to misunderstandings and potential legal issues down the line.
Signature errors are also prevalent. Some individuals forget to sign the document or fail to include their title alongside their signature. Both the signature and title are necessary to validate the waiver, and without them, the document may not hold up in legal situations.
It is also important to ensure that the notary public section is properly filled out. This includes the date of notarization and the notary's signature. Neglecting this can render the waiver unenforceable, as notarization serves as a verification of authenticity.
Lastly, individuals often misunderstand the term “extras” as outlined in the form. Extras include change orders and any additional work beyond the original contract. Failing to acknowledge these can lead to disputes about what is covered under the waiver.
By being aware of these common mistakes, individuals can ensure that their Chicago Title Waiver Format form is completed correctly, minimizing the risk of complications in the future.
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