Guide to filing a mechanics lien in Brazos County

Because slow payment and non-payment are big issues in the construction industry, each state has its own lien laws that grant protection to contractors. Although Texas grants contractors strong protection, the Lone Star State has some of the most complex and convoluted lien laws in the country. If you’re planning to file a mechanics lien with the Brazos County Clerk, this page introduces you to the unique Texas lien laws as well as Brazos County’s own requirements.

  1. If you aren’t directly contracted with the property owner, you need to send monthly recurring preliminary notices. In Texas, there are multiple different types of notices, and each one needs to be sent at the right time throughout the construction project. Failure to do this could cost you your lien rights.
  2. Similarly, if you’re not contracted with the property owner on a homestead, the rules are different. In this instance, the responsibility falls on the general contractor to meet the mechanics lien prerequisites. If they slip up, it means you lose your lien rights.
  3. Mechanics lien and preliminary notice deadlines are a mess in Texas. Under normal circumstances, lien claimants have until 15th day of the 4th month after the last month in which labor and materials were furnished for the construction project to record a lien claim. However, as you could have guessed, there are other factors at play here.

Because Texas lien law is so complex when compared to other states, it’s highly recommended that you do as much research as possible before preparing and recording your lien claim. Refer to our Texas Lien Law guide and FAQ to take a deeper dive into Texas‘s regulations.

After you’ve done that, it’s time to get to know the Brazos County Clerk, the office with which you’ll record your lien claim if the project was located in Brazos County. You can find useful information about the Clerk here, including Brazos County’s recording requirements, recording fees, contact information, and formatting requirements. You can also find out how to easily eFile your mechanics lien in Brazos County with Levelset.

For a complete explanation of the entire process, including which lien documents you need, take a look at our step-by-step guide to Filing A Texas Mechanics Lien.

Where is the Brazos County Clerk's Office that files mechanics liens?

You can file your mechanics liens in person at the Brazos County Clerk’s office located at:

County Courthouse
300 E. 26th Street
Suite 1430
Bryan, Texas 77803

Ph: (979) 361-4128
FAX: (979) 361-4125

Hours
Monday – Friday
8:00 am – 4:30 pm

What is Brazos County's Recording Backlog?

The Brazos County Clerk does not publicly disclose information on recording backlog.

Should my mechanics lien be filed in Brazos County, or some other county?

If the project is located in Brazos county, then yes, you will want to record your lien with the Brazos County, Texas Clerk’s office.

What are Brazos County's requirements for recording a mechanics lien?

In order to file a document into the official records the Brazos County Clerk requires an original (no copies), original signatures, and a notary / notary seal.

What are the margin & page size requirements to file a lien in Brazos County?

The margin requirements for filing a lien in Brazos County are 2 inch margins at the top of the first page with .5 margins on all other sides. All other pages must have .5 inch margins on all sides. Your lien claim should be filed on Letter size 8.5 x 11 inch paper. Not following these margin and paper size requirements may invalidate your lien claim.

How can I make payment to the Brazos County Clerk?

You can make payment to the Brazos County Clerk when submitting your lien to the office. The Brazos County Clerk accepts cash, check, Visa, Discover, and Mastercard.

What are the filing fees to record a mechanics lien in Brazos County?

The Brazos County Clerk’s recording fee is $26.00 for the firt page and $4.00 for each additional page.

Copy Fees

Certified copy: $1 per page plus $5 for certification
Plain copy: $1 per page

How do I get a recorded copy of my lien from Brazos County Clerk's Office?

You can obtain a recorded copy of your lien in person at the Brazos County Clerk’s office located at:

County Courthouse
300 E. 26th Street
Suite 1430
Bryan, Texas 77803

Ph: (979) 361-4128
FAX: (979) 361-4125

Hours
Monday – Friday
8:00 am – 4:30 pm

You can search Brazos County’s Official Records online and purchase images of documents at: https://brazostx.search.kofile.com/48041/Home/Index/1/

Do I have the right to file a mechanics lien in Brazos, Texas?

Determining if you have the right to file a lien in Brazos County, Texas can be complicated. Texas has one of the most complex lien laws in the U.S. and filing a lien in Brazos County is no different. Generally, construction contractors who

1) furnish labor or materials
2) send all required documents before filing a lien, such as monthly notices
3) if a homestead, have a proper written contract
4) and meet any state deadlines and fees for your lien claim.

You can learn more about Mechanics Liens in Texas and more specific requirements for filing a lien overall in our step by step guide.

Do I have to send a monthly notice to file a lien in Brazos County, Texas?

Yes, you will need to have sent a Texas Preliminary Notice (monthly notices) to be able to file a lien in Brazos County, TX. Not sending the correct Texas Monthly Notice may result in an invalid lien claim at the time of filing with the Brazos County Clerk / Assessor.

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