Guide to filing a mechanics lien in Clay County

Where is the Clay County Recorder's Office that files mechanics liens?

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

214 N. Main St.
Henrietta, Texas 76365

Phone: 940 538-4631
Fax: 940 264-4160
Email: ccclerk@claycountytx.com

HOURS: Monday- Friday 8:00 am-5:00 pm (Closed Noon-1 pm)

You can also submit your documents by eRecording. For more information, you can go to https://www.erecording.com/

What is Clay County's Recording Backlog?

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

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

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

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

The Clay County’s recording requirements are as follows:

• MUST HAVE ORIGINAL SIGNATURES
Texas Property Code Sec. 12.0011 (b)

• MUST BE PROPERLY ACKNOWLEDGED/ NOTARIZED
Civ. Prac. & Rem. Code Sec. 121.004-121.011

• MUST HAVE A CLEARLY IDENTIFYING HEADING OF DOCUMENT
• MUST BE TYPED OR WRITTEN IN AT LEAST 8 PT. FONT
• MUST BE ON PAPER NO LARGER THAN 8.5 in. X 14 in.
• MUST HAVE THE GRANTOR’S NAME PRINTED LEGIBLY/TYPED UNDER SIGNATURE
• MUST HAVE GRANTEE’S MAILING ADDRESS ON DOCUMENT
Failure to meet these requirements will results in a fee double the normal recording fee Local Gov’t Code 191.007

If no statute authorizes, requires or permits a document to be filed or recorded, the clerk may not accept such a document. For example, unusual papers such as a “Refusal to Pay Property Taxes,” a “Declaration of Person Being a Sovereign,” a “Surrender of Social Security Card” and a “Declaration of Domestic Partnership” are not to be filed or recorded. Sec 11.008

Confidential information in real property documents. A deed, mortgage, or deed of trust that transfers an interest in real property to or from an individual must include a confidentiality notice. The notice must appear at the top of the first page of the instrument, in 12-point boldfaced type or 12-point uppercase
letters, and read substantially as follows:

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. Sec 11.008 (b)

• The County Clerk REQUESTS 2 in. MARGIN OF BLANK SPACE AT TOP OF EACH PAGE, AND 1 in. MARGIN AT TOP OF EACH FOLLOWING PAGE

Local request for space to affix label and electronic stamps

If no statute authorizes, requires or permits a document to be filed or recorded, the clerk may not accept such a document. For example, unusual papers such as a “Refusal to Pay Property Taxes,” a “Declaration of Person Being a Sovereign,” a “Surrender of Social Security Card” and a “Declaration of Domestic Partnership” are not to be filed or recorded.
Sec 11.008

Confidential information in real property documents. A deed, mortgage, or deed of trust that transfers an interest in real property to or from an individual must include a confidentiality notice. The notice must appear at the top of the first page of the instrument, in 12-point boldfaced type or 12-point uppercase
letters, and read substantially as follows:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE
NUMBER. Sec 11.008 (b)

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

All documents must be on paper no larger than 8.5 in. x 14 in.

The Clay County Clerk requets 2 in. margin of blank space at top of each page and 1 in. margin at of each following page.

How can I make payment to the Clay County Recorder?

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

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

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

Additional Recording Fees

Indexing Fee: $0.25 for each additional name to be indexed in excess of five (5)

Lien Fees

State Tax Liens/Release: $16.00
Federal Tax Liens/Release: $31.00

Copy Fees

Copies: $1.00
Certification of Copies: $5.00

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

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

214 N. Main St.
Henrietta, Texas 76365

Phone: 940 538-4631
Fax: 940 264-4160
Email: ccclerk@claycountytx.com

HOURS: Monday- Friday 8:00 am-5:00 pm (Closed Noon-1 pm)

You can also search Clay County property records online at: https://idocket.com/homepage2.htm

Access to a copy of a lien may require paying a fee.

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

Determining if you have the right to file a lien in Clay County, Texas can be complicated. Texas has one of the most complex lien laws in the U.S. and filing a lien in Clay 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 Clay County, Texas?

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