San Antonio Texas Builder and Mechanic's Lien Contract
Description
How to fill out Texas Builder And Mechanic's Lien Contract?
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FAQ
How Does Someone Put a Judgment Lien on My Texas Home? A creditor can file a lien judgment with the county clerk in whichever Texas county the property is located or the debtor has real estate. A judgment lien will remain on the debtor's property for ten years, even if the property changes ownership.
In Texas, the lien period is described as ?on the 15th day of the month three months after the last month the claimant performs work?. (Three months for residential, four for non-residential) The deadline to file a lien is not extended if the 15th falls on a Saturday, Sunday, or legal holiday.
All of this language is a bit dense, but essentially, anyone who has an agreement to improve property with you directly, or an agreement with another contractor who has such an agreement with you, can file a lien if left unpaid. This commonly includes contractors, subcontractors, and material suppliers.
It depends on the type of lien. Judgment liens in Texas expire after ten years, as do federal tax liens, and both stay attached to the property even it if changes owners. A mortgage lien remains valid on a property until the debt is paid in full. Also, many liens may be renewed before they expire.
If contractors and suppliers don't get paid on a construction project in Texas, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
Contractors can file a lien on a property without a written contract in most cases. However, if the project in question is on a residential homestead property, a written contract must be filed in the local property records and is required to enforce mechanic's lien filing rights.
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.
Three commons ways to fight a false lien are to: immediately dispute the lien through statutorily provided preliminary means, a demand to/against the claimant, or a full-blown lawsuit. force the claimant to file a lawsuit to enforce the lien in a shorter period if available where you live. just wait it out.
