Mississippi lien waiver
Mississippi prescribes the wording of its lien waivers in Miss. Code §§ 85-7-419, 85-7-433. The generator prints the statutory text and fills only the blanks, so the waiver is the one the payer's accounting department expects to see.
Conditional waiver on progress paymentMiss. Code § 85-7-433(1)Conditional waiver on final paymentMiss. Code § 85-7-433(2)
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What Mississippi requires
- Form
- Waivers must substantially follow the statutory form and are sworn before a notary; leaving out the NOTICE paragraph makes the form invalid.
- Notary
- Sworn to and subscribed before a notary public.
- Affidavit of nonpayment
- 60 days after the waiver date, or the waiver is treated as paid.
- Statute
- Miss. Code §§ 85-7-419, 85-7-433
Mississippi lien waiver FAQ
Yes. Waivers must substantially follow the statutory form and are sworn before a notary; leaving out the NOTICE paragraph makes the form invalid. (Miss. Code §§ 85-7-419, 85-7-433)
A conditional waiver takes effect only when the payment it names actually clears; if the check bounces, the lien rights survive. An unconditional waiver takes effect the moment it is signed, whether or not the money ever arrives. Sign an unconditional waiver only after the funds have cleared; sign a conditional one to get the payment released.
A progress waiver releases rights for work through a stated date, for a stated payment, and keeps retainage, unpaid extras and later work. A final waiver releases everything on the job except disputed claims you list. Use progress waivers with each pay application and the final waiver with the last check.
Yes. Sworn to and subscribed before a notary public. The generator prints the notary block that is part of the statutory form.
Mississippi's waiver is treated as paid 60 days after the date on it, whether or not the money arrived, unless the claimant files an affidavit of nonpayment before then. Calendar the deadline the day you sign.
General contractors with every pay application, owners and their lenders before releasing funds, title companies before a sale or refinance closes, and mortgage servicers before endorsing an insurance claim check. Each wants proof that paying you does not leave a lien on the property.
Other statutory states
Arizona · California · Florida · Georgia · Massachusetts · Michigan · Missouri · Nevada · Texas · Utah · Wyoming
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