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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.
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.
Failure to Timely Serve the Lien Affidavit: After the lien has been recorded, the lien claimant must serve the property owner with the lien affidavit by certified mail, or its equivalent, within 5 business days from recording the lien. Failure to do so will invalidate the lien.
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.
Fill out your lien form with complete, accurate details. Bring your Affidavit of Lien to the county recorder's office in the county where the property is located, and pay the lien recording fee. After recording a Texas mechanics lien, claimants must provide notice to the property owner and GC within 5 days of filing.