Mechanics Lien Texas Form Foreclosure
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FAQ
All mechanics liens in Texas must be filed with the clerk in the county where the work on the property was performed. A Texas Mechanics lien must be filed by the 15th of the fourth calendar month after the day on which the indebtedness accrued or the third month for a residential project.
A suit to foreclose a mechanic's and materialman's lien against residential property must be brought within one (1) year after the lien affidavit is filed. The 1999 amendments to the Texas Property Code changed the time limitations by which a Claimant must file suit to foreclose a mechanic's and materialman's lien.
In order to enforce a perfected mechanic's and materialman's lien against a private construction project in Texas, a lawsuit must be filed seeking the foreclosure of the lien. A mechanic's lien can only be foreclosed on the judgment of a court of competent jurisdiction. (Texas Property Code Sec. 53.154).
Unfortunately, to foreclose a lien, a lawsuit must be filed. This involves more time and the Texas court system. Fortunately, like filing a mechanics lien, the act of filing and serving of the Lawsuit can be enough to prompt payment.
Foreclosures may be judicial (ordered by a court following a judgment in a lawsuit) or, most likely in Texas, non-judicial (?on the courthouse steps?). The effect of foreclosure is to cut off and eliminate junior liens, including mechanic's liens, except for any liens for unpaid taxes.