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.
Dallas Texas Release of Mechanic's or Construction Lien
State:
Multi-State
Category:
County:
Dallas
Control #:
US-01028BG
Format:
Word;
Rich Text
196 downloads
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FAQ
In Texas, a release must be filed to clear a deed of trust from title to real property after a loan has been repaid or otherwise satisfied. The payment or other satisfaction of the debt extinguishes the encumbrance, but a recorded release is required to remove the lien as a cloud on title (Ellis v.
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.
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 lien release allows an entity or individual that owns property to waive any debt that was owed on their behalf and was attached to their property. A lien can effect the sale or lease of real estate as a title company will most likely request that the payment be secured before any transaction.
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.
Your mortgage company should send you a release of lien, and it must be filed with the County Clerk 214-653-7275. If you do not receive a tax statement by mid-November, go to the Property Tax Lookup/Payment Application, or call our Customer Care 214-653-7811.
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.
How can I find out if there is a lien on my property? Information concerning liens recorded against a property may be researched by the public in the County Clerk's Deed Records Department located at 101 W. Nueva, Suite B109, San Antonio, TX 78205, or visit our website.
About the release form This form should be filed with the recorder's office in the Texas county where the lien was originally recorded. Texas law requires claimants to file a lien release within 10 days after the lien is satisfied, or upon request from the property owner.
Does Paying Property Tax Give Ownership In Texas? No. Simply paying property taxes for a piece of real estate is not enough to establish ownership under Texas law. Rather, the property belongs to whoever has clear title, regardless of who pays the taxes.