Austin Texas Partial Release of Judgment Lien

State:
Texas
City:
Austin
Control #:
TX-JW-0136
Format:
PDF
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Partial Release of Judgment Lien
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FAQ

To add or remove a lien on your vehicle title, visit your local county tax office. The title fee is $28 or $33, depending on your county, and must be paid at time of application. Please contact your local county tax office for the exact cost.

The lien release should be signed and notarized by the same person (contractor) who filed the mechanic's lien. Preparing and filing the document itself can be done by the interested party (i.e. the project owner) or any other individual.

The statutes of limitation for collecting (or foreclosing) on both the vendor's lien and deed of trust is four years in Texas. If no legal action has been filed for collection on the liens for four years after the liens ma- ture, there is indication the liens have been paid.

As far as lien waivers, the vast majority of states don't require notarization. However, Texas is one of those states that require notarized lien waivers.

A release of a portion of real property from the lien of a deed of trust securing a loan on commercial real property in Texas. Lenders in Texas customarily use a partial release of lien to discharge a deed of trust lien against some but not all of the borrower's real property.

When a Texas mechanics lien has been paid and satisfied, the claimant must file a release of lien within 10 days after receiving a request for the release of the claim. However, there is no penalty provided by the statute. That doesn't mean that there are no consequences for failing to release it on time.

A partial release is a mortgage provision that allows some of the collateral to be released from a mortgage after the borrower pays a certain amount of the loan. Lenders require proof of payment, a survey map, appraisal, and a letter outlining the reason for the partial release.

According to this law, a debtor must file an affidavit with the county to secure the release of a judgment lien against a primary residence. The debtor must first provide a 30-day notice letter to the creator of the judgment, containing a copy of the affidavit the debtor intends to file.

After the lien on a vehicle is paid off, the lienholder has 10 business days after receipt of payment to release the lien. If the lien was recorded on a paper title, the lienholder mails the title to you.

There is no removal procedure for such liens other than entering into a payment arrangement with the taxing authority. The existence of a judgment lien or other type of lien is usually discovered when a title company checks the property records and produces a title commitment in anticipation of a sale or refinance.

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Austin Texas Partial Release of Judgment Lien