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Yes, it's possible for someone to place a lien on your property without your immediate knowledge in Texas. When a creditor files a Notice Owner Lien Form Texas, they may not always notify you directly. This situation can happen, especially when the creditor believes they have a legal reason to claim the lien. To protect yourself, stay informed about any legal claims involving your property and utilize tools like USLegalForms to help manage and respond to such situations effectively.
Because a notice of intent to file a lien (in Texas) alerts the general contractor or owner that you are not being paid for your work and could publicly file a lien against the property in order to collect.
Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Texas, they are frequently successful at producing payment (without having to take the next step of filing a lien).
In order to file a Lien against a residential homestead Property, either you, or the General Contractor must: (1) have a written contract signed by the Property Owner (if they are a married couple, then both must sign the contract); (2) before the work begins; and (3) the contract must be filed with the County Clerk.
How does a creditor go about getting a judgment lien in Texas? To attach the lien, the creditor files the judgment with the county clerk in any Texas county where the debtor has real estate now (a home, land, etc.) or may have real estate in the future.
In Texas, the notice of intent to lien must be sent by USPS certified mail, or any other form of traceable delivery that confirms proof of receipt (keep the receipt for your records). The notice must go to both the owner of the property and the general contractor.