Who uses this form
Missouri's lien waiver statute is narrow. RSMo § 429.016 prints one form [1], the unconditional final lien waiver for residential real property, and that waiver is valid only on a form substantially like it [1]. The statute prints no other waiver form [1]. Its mandatory force therefore reaches this one waiver, for residential real property, and stops there.
The form sits inside the statute's notice-of-rights scheme. Its text is written for the claimant, the party giving up the right to assert or enforce a mechanic's lien claim against the residential property the document identifies. The statute also sets a timing rule tied to that scheme: a claimant who has recorded a notice of rights and has been paid in full must provide the waiver no later than five calendar days after a written request [1].
What the statute says about it
Because the statute prints only the unconditional final waiver for residential real property, it has no conditional version and no progress payment version to compare that waiver with.
Notarization is not required [1]. The statute does require identifying details at the signature. The signer's name, title or position, address and telephone number, and the signing date, are to be typed or legibly printed at the signature [1]. That requirement is the last line of the statutory text.
Reading the blanks
The form opens with a two-line title in bold that names it as an unconditional final lien waiver for residential real property.
- Claimant. A parenthetical right after the word Claimant asks for the claimant's legal name and address, inline in the form's text. The file adds no separate writing space for them.
- Property. A direction in parentheses asks for the legal description of the property, and ruled lines follow it for that description.
- Execution block. Below the form body, the file prints the items the statute's direction names, in its order: the claimant's legal name; the name, title or position, address and telephone number of the person executing the waiver; the signature; and the date the document was signed.
What changed recently
Section 429.016 was enacted by L. 2010 H.B. 1692 et al. [1]. It applies to residential real property conveyance closings on or after November 1, 2010 [1].
Related
- Lien waiver forms by state
- Missouri retainage law
- Lien waiver template, labeled as not a statutory form, for states without a statutory form