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Typically, it's the responsibility of the seller to pay off the lien on his or her property on or before the day of closing. Most liens are paid off from the proceeds of the sale at the time of closing.
Summary lien removal is governed by Texas Property Code Section 53.160 (?Summary Motion to Remove Invalid Lien or Unenforceable Lien?). This sets forth a process by which a lien can be removed in as fast as 21 days after the contractor (lien claimant) appears in the action.
Texas Property Code, Section 53.284, prescribes statutory language for Waiver and Release of Lien or Payment Bond Claims. Waivers for claims under a PRIME CONTRACT signed AFTER January 1, 2021, DO NOT need to be notarized. Waivers for claims under a PRIME CONTRACT signed BEFORE January 1, 2021, MUST be notarized.
Remove a Lien on Texas Property A Release of Lien simply means that a lien claim is being removed or ?released? from the property described in the Release. With a signed and filed Lien Release, your property may then be transferred or sold ?free of liens?.
Remove a Lien on Texas Property It can be prepared by the owner or the Lien Claimant, but it must be signed by the Lien Claimant in front of a notary public and filed in the property records in the county where the property is located.
Lien Releases Obtain a Release of Lien, which is a written statement that removes your property from the threat of lien.