Conditional Waiver and Release of Lien Upon Progress Payment - Montana 2025

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Except as provided in 61-6-123, the lien continues for 10 years unless the judgment is previously satisfied.
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.
Lien release definition Once payment has been received, a lien holder has a duty to remove any lien that was filed against the property. Failure to do so allows the property owner to file a lawsuit against the lien holder to compel the liens removal.
Meaning of lien in English an official order that allows someone to keep the property of a person who owes them money until the money has been paid back: This could occur where someone has a lien over the goods, i.e. a right to retain possession of them until a debt is paid.
A lien release is when the lienholder formally gives up their claim to the vehicles title. It lets the car be bought or sold without strings attached.
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Conditional Waiver and Release Upon Progress Payment This form is useful when the claimant is not yet paid, but will be paid out of a progress payment that is not the final payment. This conditional waiver and release is only effective if the claimant is actually paid. This release does not cover all items.
When a lender uses a borrowers non-real estate related property as collateral for a loan, including inventory, equipment, and personal property, the lender often seeks a waiver from the landlord of its right to lien the borrowers non-real estate related property located in the leased premises.
Progress payments state the amount of payment made in exchange for the waiver to date. While final payment waiver will waive all lien rights associated with the project. Both conditional and unconditional lien waivers are allowed, but conditional is viewed as the safer option.

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