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No. In Texas, an Affidavit of Commencement is a voluntary document that the owner and GC may ?jointly? file. While there is no specific requirement that the Affidavit of Commencement be filed, there are benefits that can be gained from choosing to make the filing.
A Mechanic's Lien Affidavit is a document used by contractors, suppliers, and any person that is not getting paid for the labor, services or materials delivered to a construction project.
If a lien is filed on your property and you believe the lien is wrongful, you, the property owner have a right to contest the lien. In some cases, you may be able to file a summary motion to remove a lien. This is a lawsuit filed in district court that will allow the almost immediate removal of the lien.
To remove a lien recorded on a paper title, you will need: the vehicle title. a release of lien letter and/or other notifications from the lienholder(s) currently named on the vehicle title. a completed Application for Texas Title and/or Registration (Form 130-U)
Summary lien removal is governed by Texas Property Code Section 53.160 (?Summary Motion to Remove Invalid Lien or Unenforceable Lien?). This sets forth a process by which a lien can be removed in as fast as 21 days after the contractor (lien claimant) appears in the action.