Texas Notice of Lien by Owner of Auto or Car Repair Garage and Notice of Sale

State:
Multi-State
Control #:
US-02267BG
Format:
Word; 
Rich Text
Instant download

Description

This lien is a mechanic's lien to secure payment for work and materials in repairing an automobile or other motor vehicle. 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.

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FAQ

The best method is of course to file a release (or partial release, as the case may be) in the real property records. Four other methods listed in the statute require the filing of a bond. The sixth means of discharge is failure by the lienholder to foreclose within the statute of limitations, which is two years.

Mechanic's liens only expire if the person who filed it does not file a lawsuit foreclose within the one year or two-year deadline, depending on whether it is a commercial or residential project.

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.

As with an original contractor, lower tier claimants' notice of the lien must be mailed to the owner by certified mail, return receipt requested, no later than the fifth day after the date the person files the affidavit.

Deposit the Lien Amount with the Court: A lien can be removed from the property if you file a lawsuit and deposit the lien amount into the court's registry. This allows the parties to litigate the validity of the claim, without the lien encumbering the property.

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.

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.

Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Texas, they are frequently successful at producing payment (without having to take the next step of filing a lien).

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Texas Notice of Lien by Owner of Auto or Car Repair Garage and Notice of Sale