Mechanics Lien Release - Do you have to get it notarized?

Question

I'm completing my first rehab and making the final payment to my contractor.  I have a Contractor Lien Waiver that I'm typing up.  It has a place for a notary to sign and seal.  Is that necessary?

Pat L. · Answer

$5k is a lot of incentive & comfort, as long as you're still holding it :))

We had a guy walk away from over $6k that we then used to complete the job to get the Occupancy permit approved.

Good lucj

Dan Costantino · Answer

By the way, I won't pay him the last $5k until he signs it :-)

Dan Costantino · Answer

I ran it past the real estate lawyer.  After a two minute conversation, he said what I had was sufficient.  Thank you all for your help!

Pat L. · Answer

I would hold back some cash.

Up here in NY (we hold back a good portion depending on the job), wait the 90 days after all work is completed, run a search on title to ensure no liens then pay the balance owed.

Beats a notarized piece of paper.

Adam Johnson · Answer

It is state specific what is required, but getting it notarized won't hurt anything and may prove helpful in the future.  Don't take shortcuts!

Jerry W. · Answer

@Dan Costantino  I can't give you specific advice because your state laws may differ from mine, but I would require they be notarized.  While they may be evidence of a lien release, its possible they may dispute them later, also most county offices require a document to be notarized to be filed in their land records, and finally if you go to court a notarized document is self authenticating, meaning you do not need foundation witnesses to establish its authenticity.

Wayne Brooks · Answer

There should be a state statute mandated form, make sure and use that.  You should be more concerned about releases from subs and material suppliers.  Each state is different in how to handle/prevent these, but you should verify payment with any subs and suppliers you know of.