Fill in Your Chicago Title Waiver Format Template Get Document Here

Fill in Your Chicago Title Waiver Format Template

The Chicago Title Waiver Format form is a legal document used in Illinois to waive any potential lien claims against a property. This form serves to protect property owners by ensuring that contractors and suppliers relinquish their rights to file liens for unpaid work or materials. Completing this form is essential for maintaining clear title and avoiding disputes over payments.

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Key takeaways

When filling out and using the Chicago Title Waiver Format form, keep these key takeaways in mind:

  • Understand the Purpose: This form serves to waive any claims for liens related to labor or materials provided for a specific property.
  • Accurate Information: Ensure all details, such as the company name, property address, and amounts, are filled in correctly to avoid future disputes.
  • Consideration Amount: Clearly state the consideration amount in dollars. This amount reflects the payment received for services rendered.
  • Extras Definition: Be aware that "extras" include any change orders, whether written or oral, that affect the contract.
  • Signature Requirement: The form must be signed by the undersigned, confirming the waiver and the accuracy of the information provided.
  • Contractor’s Affidavit: If applicable, include the contractor’s affidavit to verify the total contract amount and payments received.
  • List All Parties: Provide a complete list of all parties involved in the project, including their addresses and amounts owed.
  • Notarization: The form must be notarized to ensure its validity, confirming that the signatures are genuine.

By following these takeaways, you can effectively complete the Chicago Title Waiver Format form, ensuring clarity and legal protection for all parties involved.

Dos and Don'ts

When filling out the Chicago Title Waiver Format form, it's important to follow certain guidelines to ensure accuracy and compliance. Below is a list of do's and don'ts to consider:

  • Do provide the correct company name at the top of the form.
  • Do clearly state the premises for which the waiver applies.
  • Do include the total contract amount, including any extras.
  • Do ensure all signatures are obtained before submission.
  • Don't leave any sections blank; fill out all required fields.
  • Don't forget to include the date of the waiver.
  • Don't submit the form without verifying the accuracy of all information provided.

Form Overview

Fact Name Description
Governing Law The Chicago Title Waiver Format form is governed by the statutes of the State of Illinois, specifically relating to mechanics’ liens.
Purpose This form serves to waive and release any lien or claim against the property for labor, services, or materials provided.
Consideration The undersigned acknowledges receipt of a specified amount of money as consideration for the waiver.
Extras Definition Extras include change orders, both oral and written, related to the contract for the work performed.

Common mistakes

  1. Incomplete Company Information: Failing to fill in the company name at the top of the form can lead to confusion. Ensure the company name is clearly stated.

  2. Missing Property Details: Not specifying the premises known as can result in legal complications. Always include the full address of the property.

  3. Omitting the Consideration Amount: Leaving out the dollar amount for consideration can invalidate the waiver. Make sure to include the exact figure.

  4. Signature Issues: Forgetting to sign or providing an incorrect title can cause delays. Double-check that the signature matches the name and title of the signatory.

  5. Neglecting to List All Parties: Not listing all parties who have furnished labor or materials can create liability issues. Include everyone involved in the project.

  6. Failure to Provide Accurate Payment Information: Incorrectly reporting the amounts paid or due can lead to disputes. Verify all financial figures before submission.

  7. Notary Public Section Errors: Skipping the notary public section or providing incomplete information can render the document ineffective. Ensure this section is properly filled out and signed.

Similar forms

The Chicago Title Waiver Format form shares similarities with the Release of Lien form. Both documents serve to protect property owners from potential claims by contractors or subcontractors. By signing a Release of Lien, the contractor relinquishes any right to file a lien against the property for unpaid work or materials. This ensures that the property owner has clear title and can avoid complications when selling or refinancing the property.

In the realm of legal documentation related to property and construction, understanding various forms can significantly streamline processes and reduce ambiguities. For instance, the importance of a Non-disclosure Agreement cannot be overstated; it establishes vital confidentiality between parties sharing sensitive information. To effectively manage such agreements, utilizing resources like NY PDF Forms can provide clarity and assistance in drafting these essential legal documents, ensuring that proprietary information is safeguarded throughout transactions.

Another related document is the Lien Waiver and Release on Progress Payment. This form is often used in construction projects to confirm that a contractor has received a portion of the payment for work completed. Similar to the Chicago Title Waiver Format, it provides assurance to property owners that no further claims will be made for the work covered by the payment. This helps maintain a smooth financial flow throughout the project.

The Final Lien Waiver is also comparable, as it signifies the completion of a project. This document is executed once the final payment has been made and confirms that the contractor has no remaining claims against the property. Like the Chicago Title Waiver Format, it protects the property owner from future disputes regarding payments for labor or materials.

The Contractor's Affidavit is another similar document. It requires the contractor to affirm that all subcontractors and suppliers have been paid. This affidavit is crucial for property owners, as it ensures that there are no outstanding claims that could lead to liens on their property. The Chicago Title Waiver Format also addresses the need for clear communication regarding payments and claims, making these documents closely related.

A Subcontractor's Lien Waiver is akin to the Chicago Title Waiver Format as well. This document specifically addresses the rights of subcontractors, who may not have a direct contract with the property owner. By signing this waiver, subcontractors confirm they have been paid for their work and will not pursue a lien against the property. This creates a layer of security for property owners, similar to the protections offered by the Chicago Title Waiver Format.

The Conditional Lien Waiver is another document that bears resemblance. It is often used when payment is expected but not yet received. This waiver allows the contractor to acknowledge receipt of a payment that is contingent upon the actual transfer of funds. The Chicago Title Waiver Format, while more definitive, also serves to clarify the status of payments and claims, thus ensuring transparency between parties.

The Unconditional Lien Waiver is also similar in function. Unlike the conditional version, this waiver confirms that the contractor has received payment and waives any future claims unconditionally. This provides property owners with peace of mind, much like the Chicago Title Waiver Format, which aims to eliminate any potential disputes over unpaid work.

The Affidavit of Payment is another document that parallels the Chicago Title Waiver Format. It serves as a sworn statement from the contractor affirming that all payments have been made to subcontractors and suppliers. This helps assure property owners that they are protected from potential liens, similar to the assurances provided by the Chicago Title Waiver Format.

Lastly, the Notice of Intent to Lien is a document that, while not a waiver, serves as a precursor to filing a lien. It informs property owners that a contractor intends to file a lien due to non-payment. Understanding this document can help property owners take proactive measures to resolve payment issues before they escalate, aligning with the protective nature of the Chicago Title Waiver Format.

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Your Questions, Answered

What is the Chicago Title Waiver Format form?

The Chicago Title Waiver Format form is a document used in the construction industry to waive any mechanics' lien rights for services or materials provided to a property. By signing this form, contractors acknowledge receipt of payment and release any claims against the property for work completed to date.

Who needs to fill out the Chicago Title Waiver Format form?

This form is typically filled out by contractors or subcontractors who have provided labor or materials for a construction project. It ensures that they formally waive their right to file a lien against the property once they have received payment.

What information is required on the form?

The form requires several key pieces of information, including:

  • Company name
  • Property address
  • Contractor's name and position
  • Total contract amount, including extras
  • Payment received prior to the current payment
  • Names and addresses of all parties involved

What are "extras" in the context of this form?

Extras refer to any additional work or materials that were not included in the original contract. This can include change orders, which can be either oral or written. It’s important to account for these when completing the waiver.

Is the waiver valid if not notarized?

No, the waiver must be notarized to be considered valid. The notary public’s signature verifies that the person signing the form is indeed who they claim to be, which adds a layer of authenticity to the document.

What happens if the waiver is not signed?

If the waiver is not signed, the contractor retains the right to file a mechanics' lien against the property for unpaid work. This could lead to legal complications and potential delays in payment for services rendered.

Can the waiver be revoked after it is signed?

Once the waiver is signed and payment is received, it generally cannot be revoked. This is because the contractor has acknowledged receipt of payment and waived their rights to any claims against the property for the work completed.

What is the significance of the "Contractor’s Affidavit" section?

The Contractor’s Affidavit section serves as a sworn statement by the contractor, confirming the accuracy of the information provided. It assures the property owner that all payments have been made to subcontractors and suppliers, and that there are no outstanding claims against the property.

How does this form protect property owners?

This form protects property owners by ensuring that all contractors and subcontractors have been paid for their work. By obtaining waivers, property owners reduce the risk of future lien claims, which can complicate property sales or refinancing efforts.

Where can I obtain the Chicago Title Waiver Format form?

The Chicago Title Waiver Format form can typically be obtained from Chicago Title Insurance Company or through construction industry resources. It is essential to use the most current version of the form to ensure compliance with state regulations.

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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