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Lenders in Texas customarily use a partial release of lien to discharge a deed of trust lien against some but not all of the borrowers real property. This Standard Document has integrated with important explanations and drafting and negotiating tips for both lenders and borrowers.
A lien waiver is a written agreement between a payer and a counterparty where said counterparty gives up their right to place a lien on the payers property or goods. Lien waivers are often used in the construction industry throughout phases of projects.
Forms for Waiver and Release of Lien or Payment Bond Claim. (a) A waiver and release given by a claimant or potential claimant is unenforceable unless it substantially complies with the applicable form described by Subsections (b)-(e).
In Texas, lien waivers must follow the statutory forms in the Texas Property Code. Specifically, Section 53.281 of the Texas Property Code outlines the necessary components for a valid lien waiver. Any lien waiver has to be precise in language. It also needs to be formatted correctly to be considered legal.
What is a partial lien release? This is when a lender releases their lien on part of your property. This is in place of a full release, which usually only happens once youve paid off your mortgage completely.
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Unlike lien waivers, which are sent to the party making payment, lien release forms are filed in the county recorders office where the lien claim was filed. Although the form varies slightly from state to state, there is some general information that should always be included.
A construction business issues a conditional lien waiver when it expects an owner payment but has yet to receive it. The conditional lien waiver removes the right to place a lien on the property only if the payment is received.

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