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In order to have a valid mechanics' and materialmans' lien on a homestead in Texas, there must be a written contract between the original contractor and owner, signed by both spouses (if property is owned by a married coupled) and filed with the county clerk prior to any work being done on the homestead.
The Basis to Invalidate a Mechanic's Lien. Subcontractor's Failure to Serve or Timely Serve an Intent to Lien: All subcontractors, material suppliers, and laborers, must timely serve an intent to lien (pre-lien notice) before recording the lien affidavit.
There are three general steps to file a mechanics lien in Texas: Fill out the appropriate Affidavit of Lien form. Deliver your lien form to the county recorder office. Serve your lien on the property owner.
Form VTR-265-S must be submitted if storage fees are included. Additionally, an original release of lien is required if the title and/or registration verification indicates a recorded lien.
The cost to file a mechanic's lien varies from county to county in Texas. On average, you can expect the in-person filing fee to be around $25 for the first page. The law requires the lien to be filed with the County Clerk from where the job is located.