New Lien Waiver Forms

The North Carolina Land Title Association has replaced its older lien waiver and affidavit forms with three new versions, effective February 26, 2009. These forms are available for download in PDF or Word format. They are copyrighted by the North Carolina Land Title Association, so that ANY change to these forms whatsoever must be noted on the form itself and the copyright information removed.

• NCLTA Form 1 - (No Recent Improvements)
  • INSTRUCTIONS
  • OWNER AFFIDAVIT AND INDEMNITY AGREEMENT (Form 1): PDF Version / Word Version
• NCLTA Form 2 - (Construction Recently Completed)
  • INSTRUCTIONS
  • OWNER/CONTRACTOR AFFIDAVIT, WAIVER OF LIENS AND INDEMNITY AGREEMENT (Form 2): PDF Version / Word Version
• NCLTA Form 3 - (Construction in Process or Immediately Contemplated) [Lender Coverage Only]
  • INSTRUCTIONS
  • OWNER/CONTRACTOR AFFIDAVIT, INDEMNITY AND LIEN SUBORDINATION AGREEMENT (Form 3): PDF Version / Word Version

**New**
Sample Commitment Requirement Language

For insurance regarding priority of conveyance by seller to proposed insured owner over potential liens for labor, services or materials, including surveyors, architects, engineers and rental equipment (herein "liens") of seller, or priority of proposed insured lender's deed of trust (once recorded) over said liens of seller and/or construction borrower, receipt of applicable NCLTA form (or substantially similar form approved by Company counsel prior to closing), completed and executed by all required parties in compliance with the applicable form's instructions regarding same, to wit:

NCLTA Form 1, if no recent construction or addition of improvements on land and no construction loan by signing owner or borrower is contemplated;

NCLTA Form 2, if construction on the land was recently completed; or

NCLTA Form 3, if construction is in process or immediately contemplated (for loan, including construction financing).

In addition, if the proposed purchaser will be obtaining combined purchase and construction financing from proposed insured lender as a part of the transaction to be insured, proposed purchaser (construction loan borrower) must also provide duly completed and executed NCLTA Form 3 in order to obtain insurance of priority of the construction loan over such liens against the proposed purchaser (construction borrower).