Texas Real Estate Release Of Lien Form For Property
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FAQ
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.
It is called a ?summary? motion for lien removal because it allows for the lien to be removed as fast as twenty-one (21) days after the lien claimant answers or appears in the suit. Tex. Prop. Code § 53.160(c).
Ing to this law, a debtor must file an affidavit with the county to secure the release of a judgment lien against a primary residence. The debtor must first provide a 30-day notice letter to the creator of the judgment, containing a copy of the affidavit the debtor intends to file.
In the mechanics lien process, a lien release is a document filed with the Property Records Office which requests to remove a lien previously filed in a property. The lien release states the claim filed has been paid and releases any rights to file a new lien for the amount paid.
Lenders in Texas customarily use a release of lien when the loan secured by a deed of trust has been paid in full or otherwise satisfied. The release of lien is recorded in the county where the real property collateral is located.