Fill Your Chicago Title Waiver Format Template

Fill Your Chicago Title Waiver Format Template

The Chicago Title Waiver Format form is a legal document that allows contractors and suppliers to waive their right to file a lien against a property for unpaid work or materials. This waiver is crucial for ensuring that all parties involved in a construction project are clear about their financial obligations and rights. Understanding and properly completing this form is essential to protect your interests and avoid potential disputes.

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The Chicago Title Waiver Format form serves as a crucial document in the construction and real estate industries, particularly in Illinois. This form is designed to protect property owners from potential liens that could arise from unpaid labor or materials supplied during a construction project. It includes several key components, such as the identification of the company providing the services, the property in question, and the amount of consideration received for the work performed. By signing this waiver, the contractor relinquishes any claim to a lien on the property, thereby ensuring that the owner can proceed with their plans without the threat of legal claims disrupting their interests. Additionally, the form requires the contractor to affirm that all waivers are genuine and that no outstanding claims exist against the project. This not only provides reassurance to property owners but also establishes a clear record of payments and obligations, promoting transparency and trust between all parties involved.

Documents used along the form

The Chicago Title Waiver Format form is an important document in real estate transactions. It helps ensure that all parties involved understand their rights and obligations regarding liens. Along with this form, several other documents may be used to provide clarity and protect interests. Here are some commonly associated forms:

  • Contractor’s Affidavit: This document confirms that the contractor has received payments for work done. It lists all parties involved in the project and their payment status, ensuring transparency about outstanding balances.
  • Mechanics' Lien Waiver: This waiver is signed by subcontractors or suppliers to release their right to file a lien against the property. It assures the property owner that they will not face claims for unpaid work or materials.
  • Minnesota Motor Vehicle Bill of Sale: This essential document records the sale and transfer of ownership of a motor vehicle. To facilitate your transaction, access the form here.
  • Change Order: A change order is a written agreement that modifies the original contract. It outlines any changes in work scope, pricing, or timeline, ensuring all parties are on the same page.
  • Final Release of Lien: This document is issued at the end of a project. It confirms that all payments have been made and releases any claims against the property, providing peace of mind to the owner.
  • Notice of Intent to Lien: This notice informs the property owner that a contractor or supplier intends to file a lien if payment is not received. It serves as a warning and encourages prompt payment.
  • Subcontractor Agreement: This agreement outlines the terms between the main contractor and subcontractors. It specifies the work to be done, payment terms, and responsibilities, ensuring everyone knows their role.

Understanding these documents can help navigate the complexities of real estate transactions. Each form plays a crucial role in protecting the rights of those involved and ensuring smooth progress in construction projects.

Document Preview Example

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

Guidelines on How to Fill Out Chicago Title Waiver Format

Completing the Chicago Title Waiver Format form is essential for ensuring all parties involved in a construction project are clear about payments and claims. Follow these steps carefully to fill out the form accurately.

  1. Company Name: Write the name of your company at the top of the form.
  2. Waiver of Lien to Date: Enter the date you are completing the form.
  3. State and County: Fill in "State of Illinois" and the appropriate county name.
  4. Escrow Number: Write the escrow number associated with the project.
  5. To Whom It May Concern: Leave this section as is; it is a standard opening statement.
  6. Undersigned Information: Fill in your name and the name of the company you are representing.
  7. Premises Description: Describe the premises where work has been performed.
  8. Owner's Name: Enter the name of the property owner.
  9. Consideration Amount: Specify the dollar amount for which you are waiving the lien.
  10. Date: Write the date you are signing the document.
  11. Address: Provide your company’s address.
  12. Signature and Title: Sign the form and include your title.
  13. Extras Section: Note that extras include change orders, both oral and written.
  14. Contractor's Affidavit: Fill in your name, position, and company name.
  15. Building Location: Specify the location of the building where work was done.
  16. Contract Amount: Write the total contract amount, including extras.
  17. Payments Received: Indicate the amount you have received prior to this payment.
  18. Names and Addresses: List all parties who have provided labor or materials.
  19. Contract Price: State the contract price, including extras, for each party listed.
  20. Amount Paid: Indicate the amount paid to each party.
  21. Balance Due: Calculate and write the balance due for each party.
  22. Date: Write the date of signing the affidavit.
  23. Signature: Sign the affidavit.
  24. Notary Public: Leave space for a notary to sign and stamp the document.

Similar forms

The Chicago Title Waiver Format form shares similarities with the "Mechanics Lien Waiver." Both documents serve the purpose of waiving the right to file a mechanics lien on a property. They are typically used in construction projects to ensure that contractors and subcontractors relinquish their claims for payment in exchange for a specified sum. This waiver protects property owners by confirming that all parties involved have been compensated for their work, thus preventing future disputes related to unpaid labor or materials.

Another related document is the "Partial Lien Waiver." This form is often utilized when a contractor receives a partial payment for work completed. Like the Chicago Title Waiver, it releases the contractor’s right to file a lien for the amount received but retains the right to file for any outstanding balance. This ensures that the contractor is still entitled to payment for work not yet compensated, while also providing the property owner with assurance that they have settled a portion of their financial obligations.

The "Final Lien Waiver" is also comparable. This document is executed at the conclusion of a project when all payments have been made. It serves as a confirmation that the contractor has received full payment and waives any future claims against the property. Similar to the Chicago Title Waiver, the Final Lien Waiver protects the property owner from any potential future liens and solidifies the contractor's acknowledgment of complete payment.

The "Contractor’s Affidavit" is another document that aligns closely with the Chicago Title Waiver. This affidavit is a sworn statement by the contractor affirming that all parties who have provided labor or materials have been paid. It often accompanies lien waivers to provide additional assurance to the property owner. By confirming that there are no outstanding claims, the affidavit works hand-in-hand with the waiver to protect the property from future financial liabilities.

The "Subcontractor Lien Waiver" is also similar in function. This document is used by subcontractors to waive their right to file a lien against the property for the work they performed. Like the Chicago Title Waiver, it is often executed in exchange for payment. This ensures that property owners can confidently move forward with their projects, knowing that subcontractors have relinquished their claims for the work completed.

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Lastly, the "Conditional Lien Waiver" is worth mentioning. This document is executed when a contractor or subcontractor agrees to waive their lien rights but only upon receipt of payment. It is conditional because if the payment is not made, the waiver is void. This is similar to the Chicago Title Waiver in that it addresses the relationship between payment and the right to file a lien, ensuring that all parties understand their obligations and rights during the transaction.

Consider Common Documents

Misconceptions

Misconceptions often arise regarding the Chicago Title Waiver Format form, leading to confusion among contractors, property owners, and other stakeholders. Below are ten common misconceptions, along with clarifications for each.

  • 1. The waiver eliminates all claims for payment. Many believe that signing the waiver means that the contractor relinquishes any right to payment. In reality, the waiver only pertains to the right to file a mechanics' lien, not the right to receive payment for services rendered.
  • 2. The waiver is only applicable to the final payment. Some think that the waiver can only be used when the project is complete. However, it can be utilized at various stages of a project, as long as it clearly states the payment received up to that point.
  • 3. All contractors must use this specific format. There is a misconception that all contractors are legally required to use the Chicago Title Waiver Format. While it is a common format, contractors can use other forms as long as they meet legal requirements.
  • 4. The waiver protects only the contractor. Property owners often believe that the waiver is solely for the benefit of the contractor. In fact, it also protects property owners by preventing future claims against their property for unpaid services.
  • 5. Signing the waiver is a sign of weakness. Some contractors feel that signing the waiver indicates they are not confident in their payment. On the contrary, it can demonstrate professionalism and a commitment to clear communication.
  • 6. The waiver is not legally binding. A common myth is that the waiver lacks legal enforceability. In fact, when executed correctly, the waiver is a legally binding document that can be upheld in court.
  • 7. The waiver does not require notarization. Many assume that notarization is optional. However, the Chicago Title Waiver Format explicitly requires notarization to ensure its validity.
  • 8. The waiver applies to all types of construction work. Some people think the waiver is universally applicable. It is specifically designed for mechanics' liens and may not apply to other types of claims or disputes.
  • 9. The waiver can be revoked after signing. There is a belief that once the waiver is signed, it can be easily revoked. In reality, revoking a waiver can be complicated and may not be legally permissible without mutual consent.
  • 10. The waiver is a one-size-fits-all document. Lastly, many believe that the Chicago Title Waiver Format can be used without modification. While it serves as a template, it should be tailored to fit the specific circumstances of each project to ensure its effectiveness.

Understanding these misconceptions can lead to more informed decisions regarding the use of the Chicago Title Waiver Format form. Clarity in this area can help foster better relationships between contractors and property owners.

File Features

Fact Name Details
Governing Law The Chicago Title Waiver Format is governed by the laws of the State of Illinois.
Purpose This form serves to waive and release any lien claims related to mechanics’ liens on specified premises.
Consideration The undersigned acknowledges receipt of a specified amount in dollars as consideration for the waiver.
Extras Definition Extras include but are not limited to change orders, both oral and written, to the contract.
Affidavit Requirement The form requires a contractor's affidavit to verify the accuracy of the waiver and payment details.
Notary Requirement The signature of the undersigned must be notarized to validate the document.