Texas Waiver of Lien by Automobile or Car Mechanic

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US-01793BG
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Description

When a tradesman provides materials and services, the law provides him with a lien upon the item that was improved by his skill, materials, and labor. These liens come in two different varieties, the mechanic's lien and the repairman's lien.


A repairman's lien applies only to personal property and is created by long-standing common (judge-made) law. It most commonly arises with motor vehicles, but it applies to all items of personal property. The lien is created automatically when anyone makes repairs to personal property. It exists only as long as the item repaired is in the repairman's possession and the debt is unpaid. The repairman may hold the property until such time as the lien is repaid. This lien even takes priority over the lien held by a bank that financed the item, so that the bank cannot repossess the item from the repairman without first paying the repair bill. This makes sense because it is only fair that the bank pay for the repairs that improved the value of the property is it repossessing.

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FAQ

Actions Texas Homeowners Can Take When Faced With a Mechanic's Lien Lien Bond. One is to obtain what's known as a "lien bond" through a surety company. ... Petition a Court. Another is to petition a court (specifically, the Texas District Court that serves your county) to remove the lien. ... Attack Legal Deficiencies.

Failure to Timely Serve the Lien Affidavit: After the lien has been recorded, the lien claimant must serve the property owner with the lien affidavit by certified mail, or its equivalent, within 5 business days from recording the lien. Failure to do so will invalidate the lien.

Now, lien waivers no longer need to be notarized in Texas, so long as your contract originated after .

To show that a lien has officially been removed on a property, you have to file a document called a ?lien release? in the real property records of the county where the property is located. A release of lien simply means removing the lien claim from a specific property.

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. ... Your name & address.

About the release form This Texas Lien Release form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

Under Section 53.171(c) of the Texas Property Code, a mechanic's lien can be discharged with a bond even after the dispute has arisen and the lien has been filed. The bond must be substantially higher than the lien amounts.

A Texas lien waiver must be signed and notarized. Texas is just one of three states with this requirement. Failure to notarize a lien waiver will invalidate it.

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Texas Waiver of Lien by Automobile or Car Mechanic