Texas Lien Release Form With Notary
Description
How to fill out Texas Release Of Lien?
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FAQ
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.
However, the latest updates to the Texas Lien Laws effective on January 1st, 2022 removed this requirement and lien waivers do not need to be notarized anymore. Above all ? remember that if you sign a lien waiver, you might lose your right to file a mechanics lien.
One of only three states in the US that required all lien waivers be notarized, the state of Texas has officially done away with its lien waiver notarization requirement.
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.
Hear this out loud PauseAll lien waivers that took place before 01 January 2022 in Texas were required to be notarized. Lien waivers taking place after this date no longer need to be notarized. Find out what your template should include by accessing the Texas Construction Association website here.