(48) Such statutes at least protect the releasor
from unintended releases.
As to acts undertaken in good faith reliance thereon, an affidavit executed and acknowledged by a grantor, releasor
or mortgagor under penalty of perjury stating that, at the time of delivery of the deed, release or mortgage, the affiant had no spouse who was then entitled to claim the benefit of an existing declaration of homestead, shall be conclusive proof of the nonexistence of such benefit at that time.
In the past, when a release has been made conditional upon the actual receipt of payment by the releasor
, it has been recognized that the conditional language burdens the person making payment and relying upon the release with the task of verifying that the condition of payment has been performed before the release can be relied upon.(31) The use of conditional waiver and release of lien forms will undoubtedly increase the need for the use of joint checks in the processing of construction payment applications.(32)