Guide to filing a mechanics lien in Gaines County

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

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

101 South Main, Room 206
Seminole, TX 79360

Phone: (432) 758-4003
Fax: (432) 758-1442

Office Hours: 8:00 a.m.-5:00 p.m., M-F

What is Gaines County's Recording Backlog?

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

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

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

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

Generally, filing a lien in Texas is one of the more difficult states. Texas has a variety of required documents being exchanged and very strict deadlines for a valid lien claim.

The Gaines County, Texas requirements for recording a mechanics lien are:

1. Verify you have the right to file a valid lien. This includes having sent a monthly notice for each month labor or materials were furnished on a project. A monthly notice must be sent the second and third month for every month work is performed. This can be confusing but basically this means if you furnished labor this month, your deadline to send a two month and third month notice are two and three months from now, respectively. It’s important to keep in mind that if you perform work on the same construction job in Texas for two consecutive months you will need to have sent a total of 4 notices to retain lien rights. So if work was performed in January, your deadline would be March and April for a 2 and 3 month notice. Keep in mind it’s a little more complex if the labor or materials furnished were for a Homestead project.

2. Draft your Texas affidavit of lien form (mechanics lien claim) for your specific role on the job. The forms are different for general contractors vs. subcontractors so make sure you use the correct form. Not doing so could invalidate your lien claim! Make sure all required fields are completed and call the county recorder if you have questions about specific required fields. Again, submitting a mechanics lien claim in Texas not completed correctly could lead to an invalid claim returned to you, potentially leading to a missed lien deadline. Be sure to include other relevant attachments as well.

3. File your lien claim with the County Recorder’s office where work was performed.

4. Send a copy of your lien claim to the Property Owner and General Contractor (if you were a second-tier contractor or supplier). This is important as sending a copy of the lien may expedite payment as the Property Owner or General Contractor may not learn a lien was filed on the property if not contacted.

To learn more about filing your lien claim and other requirements, learn more from our How to File a Texas Mechanics Lien Step by Step Guide.

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

The margin requirements for filing a lien in Gaines 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 Gaines County Recorder?

Credit Cards are accepted through Certified Payments. There is a convenience fee of 2.85% per transaction, or a minimum of $1.00.

You may pay with your credit card by phone at 1-866-549-1010 or by internet at:
http://www.certifiedpayments.net
Enter Bureau Code: 9891713

Include the Confirmation or Authorization # of the Credit Card transaction with your request.

For questions or assistance, you can contact the Gaines County Clerk’s office at 432-758-4003.

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

The Gaines 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 name to be indexed after 1st 5 names

Lien Fees

Federal Tax Liens: $30.00
State Tax Liens: $14.00 or $16.00

Copy Fees

Copies: $1.00 per page
Certification: $5.00 per document

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

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

101 South Main, Room 206
Seminole, TX 79360

Phone: (432) 758-4003
Fax: (432) 758-1442

Office Hours: 8:00 a.m.-5:00 p.m., M-F

You can also request for certified copies by fax.

Forms may be copied or downloaded, completed and submitted by Fax to
432-758-1442 or email to terri.berry@co.gaines.tx.us

Payment of the required fee is due prior to processing your request.

Credit Cards are accepted through Certified Payments. There is a convenience fee of 2.85% per transaction, or a minimum of $1.00.
You may pay with your credit card by phone at 1-866-549-1010 or by internet at: http://www.certifiedpayments.net
Enter Bureau Code: 9891713

Include the Confirmation or Authorization # of the Credit Card transaction with your request.

For questions or assistance, you can contact the office at 432-758-4003.

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

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

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

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