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Texas Affidavit of Claim of Lien For Person Other than Original Contractor - Mechanics Liens - Corporation

State:
Texas
Control #:
TX-01C-09
Format:
Word; 
Rich Text
Instant download

Description

The person claiming the lien must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the fourth calendar month after the day on which the indebtedness accrues. A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which the indebtedness accrues. 53-052

Definition and meaning

The Texas Affidavit of Claim of Lien for Person Other than Original Contractor - Mechanics Liens - Corporation is a legal document used to assert a lien on property for unpaid labor or materials used in construction or improvement. This affidavit is particularly relevant for contractors or material suppliers who are not the original contractors but have provided essential services or materials, claiming a right to payment.

Who should use this form

This form is intended for corporations that have provided labor, materials, or services to a construction project and need to secure a lien against the property in question. Specifically, it is useful for:

  • Subcontractors
  • Material suppliers
  • Laborers
  • Corporations involved in construction projects

Key components of the form

The affidavit includes several key components essential for its validity:

  • Claimant Information: This section requires the name and address of the claimant asserting the lien.
  • Property Description: A detailed legal description of the property where the lien is claimed must be included.
  • Ownership Interest: Individuals with a vested interest in the property are listed.
  • Claim Amount: The amount owed, including details of interest and the basis for the claim, must be provided.
  • Notices Sent: Records of any notifications sent to property owners regarding the claim must be documented.

How to complete a form

To complete the Texas Affidavit of Claim of Lien, follow these steps:

  1. Fill in the claimant's information, including the mailing and physical addresses.
  2. Provide a complete legal description of the property affected.
  3. List all individuals who have an ownership interest in the property.
  4. State the total amount owed, specifying labor, services, or materials provided.
  5. Document the method and dates when notices were sent to property owners.

After filling out the form, ensure signatures are obtained as required and the document is notarized.

Common mistakes to avoid when using this form

To ensure the affidavit is effective and valid, avoid these common mistakes:

  • Providing incomplete or incorrect property descriptions.
  • Failing to include the correct amount owed.
  • Not documenting all notices sent and their methods properly.
  • Neglecting to obtain the necessary signatures and notarization.

What to expect during notarization or witnessing

During the notarization process, you will need to present a valid form of identification and sign the document in the presence of a notary public. The notary will verify your identity, ensure that you understand the content of the affidavit, and then complete their part of the document. It is crucial to ensure that the notary public is commissioned in Texas and properly signs and stamps the affidavit.

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  • Preview Affidavit of Claim of Lien For Person Other than Original Contractor - Mechanics Liens - Corporation
  • Preview Affidavit of Claim of Lien For Person Other than Original Contractor - Mechanics Liens - Corporation
  • Preview Affidavit of Claim of Lien For Person Other than Original Contractor - Mechanics Liens - Corporation
  • Preview Affidavit of Claim of Lien For Person Other than Original Contractor - Mechanics Liens - Corporation
  • Preview Affidavit of Claim of Lien For Person Other than Original Contractor - Mechanics Liens - Corporation

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FAQ

While they don't require lien filings to be notarized, they do require a lien filer to jump through various other hoops that, if not done properly, might cause your filing to be rejected or invalidated: Delaware.

In the event that the contract is breached and payment is not received, an affidavit for mechanics' lien may be filed to place a lien on the project.

Can I file a mechanics lien in Texas without a written contract? 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.

A mechanic's lien can be filed by any person who provides labor, materials, machinery, fixtures, or tools for construction, repair, or improvement to a house, building, levee, or embankment. Most work that you would associate with home or commercial building is covered. §53.021(a); 53.023(1).

Yes, absolutely. Starting work without a signed contract means that your position isn't clear, or even worse it's weak.It also means that the contract is legally enforceable and will be able to support you if you decide to take legal action.

A judgment lien lasts for ten years. According to Section 52.001 of the Texas Property Code, a judgment lien cannot attach to any real property that is exempt from seizure or forced sale under Chapter 41 of the Texas Property Code.

The Indian Contract Act, 1872 classifies the Right of Lien into two types: Particular Lien and General Lien.

First of all, you can sue your contractor for breach of contract, even without a written contract, and she can sue you as well.However, an alleged oral contract does create difficult evidentiary questions for the judge.

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Texas Affidavit of Claim of Lien For Person Other than Original Contractor - Mechanics Liens - Corporation