Posted by Grammy824/NC on 11/29/06 9:37pm
Msg #162879

Affidavit/Agreement Regarding Liens

I have received a closing package with a Fidelity National Title form entitled: AFFIDAVIT/AGREEMENT REGARDING LIENS. This first paragraph states: "On this __ day of __, 20__, before me personally appeared ______, Owner, and ____, General Contractor, to me personally known, who, being duly sworn on their oths, did say as follows:...................." Since no General Contractor is appearing before me, I can't notarize this form. Why is it in the package?

Reply by Linda_H/FL on 11/29/06 9:54pm
Msg #162884

That's a Mechanic's Lien Waiver - apparently the owner(s) reported work done on the property so now the company wants the Mechanics' Lien Waiver signed. If no work was done I believe the owner can sign this as "Owner"..

Reply by Sharon Taylor on 11/29/06 9:59pm
Msg #162885

It sounds like another one of those "one size does not fit all" documents we see so often, like a document that is obviously intended for a purchase/sale transaction when the closing is just a refinance.
In this case, it sounds like the portion you are quoting is the notary section, and it is yours to revise and adjust as necessary to fit the actual circumstances. I would not change any part of the document without permission except the notary section, but I would revise that portion by drawing a single line through "and _____, General Contractor", and I would also change "their" to "he" or "she" as the case may be, unless there are two owners signing, in which case I'd leave "their" in place.
You can always revise the notary portion to fit the circumstances since it "belongs" to you.

Reply by Becca_FL on 11/29/06 10:11pm
Msg #162890

Just line through the contractor verbiage, write in ONLY after the Owners name and initial. If their is a NOC on the property it is the TCs job to track down the contractor and get a Termination of NOC signed and recorded. If the owner is/was the contractor he can sign as owner and contractor.

Reply by NCLisa on 11/30/06 7:41pm
Msg #163083

A "lien waiver" is required to be signed by the borrower/seller on all NC refi/purchase transactions. NC still requires NC certified attorney's to certify title and certify a final title report before a policy can be issued, and a lien waiver must accompany the final title cert. You only notarize the borrower/sellers signature if no contractor is involved. If it is a construction to perm loan, then both the contractor and borrower must sign. These are things you should know before you even go to your first closing.