Enforcement Of Mechanics Lien Without Contract
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How to fill out Enforcement Of Mechanics Lien Without Contract?
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FAQ
CURRENT RULES. The general rule is that a contractor does not need a written contract to file a Texas mechanics liens. However, a written contract is required for all Texas mechanics lien claimants working on residential, homestead projects.
To enforce the lien, the contractor must file a lawsuit within 90 days from the date of recording the lien. If this deadline is passed, the contractor may not be able to enforce the lien and may be required to remove the 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).
But in general, if you're a property owner: Anyone who works on your construction project or supplies building materials or equipment can file a lien if they don't get paid. It doesn't matter if they have a contract with you, or if they have ever met you.
Information you'll need for your Texas lien form. It's an affidavit: Verify & sign. Amount of the claim. Name & address of the owner. Name & address of original contractor & person that hired you. Description of your work and/or materials (by month) Property description.Lien claim attachments (exhibits)