An action to enforce a mechanic's lien on real property is commonly known as an action to foreclose a mechanic's lien. Enforcement of this statutory lien by foreclosure provides a method by which one who has added value to real property, due to construction or improvements, may compel payment for the benefit conferred and received. The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Texas Complaint or Petition to Foreclose on Mechanic's Lien
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How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?
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FAQ
A mechanic's lien can only be foreclosed on by the judgment of a court of competent jurisdiction. The judgment entered in such a proceeding shall foreclose the lien and order the sale of the property subject to that lien.
The Notice of Intent to Foreclose document serves as a sort of ?warning shot? ? the claimant is showing that, if payment is not made, they won't hesitate to foreclose/enforce their mechanics lien.
Property liens are notices that are attached to a piece of real property by a creditor when money is owed to them by the homeowner. There are several different kinds of property liens in which foreclosure can be used to collect the debt that is owed.
Before you can file a lien in Texas, you must first send a notice of intent to the owner, general contractor, and other interested parties. This notice must be sent no later than the 15th day of the third month following the month in which you provided labor or materials to the project.
This is basically a document telling you that the lender will foreclose on your property if you do not take action to stop it. Ignoring it will only lead to further legal trouble, and it could prevent you from being able to negotiate with the lender to find a solution that allows you to keep your home.
Removing the Mechanics Lien is simple! After you have been paid or resolved the debt, just file a Release of Lien with the County Clerk's Office where you filed the Lien. Once the release is accepted and recorded by the Clerk, the Mechanics Lien is forever removed.
In some cases, you may be able to file a summary motion to remove a lien. This is a lawsuit filed in district court that will allow the almost immediate removal of the lien. (These are heard by the court upon or within approximately 24 hours of filing).
So at a minimum, you have one year to file a Lawsuit to foreclose on the Mechanics Lien. If you fail to file a Lawsuit within this time period, the Mechanics Lien becomes invalid. See Section 53.158 of the Texas Property Code to learn more.
