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Misconceptions

Misconceptions about the Chicago Title Waiver Format form can lead to confusion and potential issues in real estate transactions. Here are five common misconceptions clarified:

  • The form is only for contractors. Many believe that only contractors need to use this form. In reality, any party providing labor or materials for a property may need to complete this waiver to protect their interests.
  • Submitting the form guarantees payment. Some think that filing this waiver guarantees they will be paid. However, while it waives lien rights, it does not ensure that payment will be made.
  • All liens are waived automatically. There is a misconception that using this form automatically waives all liens. The waiver only applies to specific work and materials detailed in the document.
  • The form does not require notarization. Some individuals believe notarization is unnecessary. However, the form must be notarized to be legally binding and enforceable.
  • Extras are not included in the waiver. Many assume that extras or change orders are excluded from the waiver. In fact, the form explicitly includes provisions for extras, which must be accounted for to avoid disputes.

Detailed Steps for Filling Out Chicago Title Waiver Format

Filling out the Chicago Title Waiver Format form requires careful attention to detail. Each section must be completed accurately to ensure the waiver is valid. After completing the form, it will need to be signed and notarized to finalize the process.

  1. Start by entering the Company Name at the top of the form.
  2. Fill in the Waiver of Lien to Date section with the appropriate date.
  3. Specify the State and County in which the property is located.
  4. Provide the Escrow Number in the designated field.
  5. In the section that begins with "TO WHOM IT MAY CONCERN," write the name of the entity that has employed you.
  6. Indicate the premises that are the subject of the waiver.
  7. State the owner's name of the property.
  8. Enter the total amount of consideration received in the ($) Dollars field.
  9. In the "DATE" field, fill in the current date.
  10. Provide your address in the designated section.
  11. Sign the form and include your title beneath your signature.
  12. Move to the Contractor’s Affidavit section. Write your name in the space provided.
  13. State your position within the company.
  14. Fill in the company name that you represent.
  15. Specify the building location and the owner's name again.
  16. Indicate the total amount of the contract including extras.
  17. Write the amount you have received prior to this payment.
  18. List the names and addresses of all parties who have furnished material or labor in the designated section.
  19. Fill in the contract price including extras, the amount paid for this payment, and the balance due.
  20. Complete the section for total labor and material including extras needed to complete the work.
  21. Confirm that there are no outstanding contracts for the work.
  22. Finally, sign and date the affidavit.
  23. Have the document notarized by a Notary Public.

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COMPANY NAME

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

COUNTY OF

 

TO WHOM IT MAY CONCERN:

 

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

Dos and Don'ts

When filling out the Chicago Title Waiver Format form, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of actions to take and avoid:

  • Do provide the full company name in the designated field.
  • Do clearly state the address of the premises involved.
  • Do include the correct date when the waiver is being executed.
  • Do ensure that the amount of consideration is accurately filled in.
  • Don't leave any fields blank; all sections must be completed.
  • Don't forget to sign and date the form where indicated.
  • Don't use abbreviations or shorthand that may cause confusion.
  • Don't omit the names and addresses of all parties involved in the transaction.

Key takeaways

When filling out and using the Chicago Title Waiver Format form, there are several important points to keep in mind. Here are key takeaways to help ensure the process goes smoothly:

  • Understand the Purpose: This form serves to waive any lien rights that a contractor or subcontractor may have on a property. It is important for protecting the property owner from future claims.
  • Accurate Information: Fill in all required fields accurately, including the company name, project address, and the total contract amount. Mistakes or omissions can lead to complications.
  • Consideration Amount: Clearly state the amount of money received in exchange for waiving lien rights. This amount should reflect the payment made up to the date of the waiver.
  • Extras Clarification: Be aware that "extras" refer to any additional work or changes made beyond the original contract. Make sure to specify these in the waiver.
  • Signature Requirements: The form must be signed by the appropriate party, typically the contractor or an authorized representative. This validates the waiver.
  • Affidavit Section: If applicable, complete the contractor’s affidavit section accurately. This section verifies that all claims regarding payments and outstanding contracts are truthful.
  • Notarization: The waiver must be notarized to ensure its legality. This step adds an additional layer of protection for all parties involved.

By keeping these key points in mind, you can navigate the Chicago Title Waiver Format form with confidence and ensure that all necessary steps are completed properly.

Similar forms

The Chicago Title Waiver Format form is similar to a lien waiver, which is a document that a contractor or subcontractor provides to a property owner. Like the Chicago Title Waiver, a lien waiver releases any claim to a lien on the property for work completed. Both documents serve to assure the property owner that they will not face any future claims for payment related to the work performed. They are often used in construction projects to ensure that all parties are clear about payments and obligations.

Another document similar to the Chicago Title Waiver is a conditional waiver of lien. This type of waiver is provided before payment is made and becomes effective only upon receipt of that payment. Like the Chicago Title Waiver, it protects the property owner from potential claims. However, it is conditional, meaning that if payment is not received, the waiver is void. This adds a layer of security for both the contractor and the property owner.

A final lien waiver is the unconditional waiver of lien, which is executed after payment has been made. It confirms that the contractor has received payment and waives any future claims to a lien. This document is similar to the Chicago Title Waiver in that it ensures the property owner is free from future claims. However, it is unconditional, meaning that the contractor cannot later assert a lien for the work covered by the waiver.

The contractor's affidavit is another document that resembles the Chicago Title Waiver. This affidavit provides a sworn statement from the contractor regarding the work performed and payments received. Like the waiver, it assures the property owner that all obligations have been met. The affidavit also lists any subcontractors or suppliers involved, providing transparency about the project’s financial status.

A release of lien is also similar to the Chicago Title Waiver. This document is typically filed with the county clerk’s office and serves to formally remove any liens that may have been placed on the property. Like the waiver, it indicates that the contractor has been paid and has no further claims against the property. Both documents aim to clear the title and reassure the property owner.

The notice of completion is another related document. This notice is filed by the property owner to inform all parties involved that the construction project is finished. It is similar to the Chicago Title Waiver in that it can trigger the timeline for filing liens. By providing this notice, the property owner can help protect themselves from future claims by establishing a clear end date for the project.

The mechanics lien is a legal claim against a property for unpaid work or materials. While the Chicago Title Waiver releases such claims, the mechanics lien serves to establish them. Both documents are critical in the construction industry but serve opposite functions: one releases claims, while the other asserts them.

The payment application is another document that shares similarities with the Chicago Title Waiver. This application outlines the work completed and the amount due to the contractor. Like the waiver, it provides a snapshot of the project’s financial status. The payment application often accompanies the waiver, ensuring that the contractor is paid for the work completed up to that point.

Lastly, a subcontractor waiver is akin to the Chicago Title Waiver but specifically pertains to subcontractors. This document releases any lien claims that subcontractors may have against the property. Just as the Chicago Title Waiver assures the property owner of no future claims, the subcontractor waiver does the same for subcontractors involved in the project. Both documents work together to create a clear financial picture for the property owner.

Documents used along the form

The Chicago Title Waiver Format form is often accompanied by several important documents that help ensure clarity and protection for all parties involved in a construction project. Understanding these documents can help streamline processes and minimize disputes. Below is a list of commonly used forms that complement the Chicago Title Waiver Format form.

  • Contractor’s Affidavit: This document is a sworn statement by the contractor, confirming that they have received payment for work done and listing all parties involved in the project. It helps to verify that all subcontractors and suppliers have been paid, reducing the risk of future lien claims.
  • Mechanic’s Lien Waiver: A mechanic’s lien waiver is a document that a contractor or subcontractor signs to waive their right to file a lien against a property. This waiver is typically provided in exchange for payment, ensuring that the property owner is protected from potential claims.
  • Change Order: This document outlines any modifications to the original construction contract. Change orders can include adjustments in scope, cost, or timeline and must be agreed upon by both parties to be valid.
  • Payment Application: A payment application is a formal request for payment submitted by the contractor to the owner. It details the work completed and the amount due, serving as a basis for payment during the project.
  • Subcontractor Agreements: These contracts outline the terms between the general contractor and any subcontractors hired for specific tasks. They define responsibilities, payment terms, and timelines, ensuring that all parties understand their roles.
  • Project Schedule: A project schedule is a timeline that outlines the phases of construction, including start and completion dates for each task. This document helps keep the project on track and ensures that all parties are aware of deadlines.
  • Insurance Certificates: These documents provide proof of insurance coverage for contractors and subcontractors. They protect all parties involved by ensuring that adequate coverage is in place for potential accidents or damages during the project.
  • Final Release of Lien: This document is signed upon completion of the project, confirming that all parties have been paid and that no liens will be filed against the property. It provides peace of mind to the property owner.

Each of these documents plays a crucial role in the construction process. By understanding their purposes and how they interconnect, all parties can work together more effectively, minimizing misunderstandings and protecting their interests throughout the project.