Guide to filing a mechanics lien in McLennan County

If you’re planning to file a mechanics lien with the McLennan County Clerk, you most likely know that Texas grants strong lien rights to contractors in the Lone Star State. The only catch is that Texas’s preliminary notice requirements are some of the most complex in the country, and getting to the point of recording can be quite the challenge. This page helps you avoid unnecessary delays by introducing you to the Texas preliminary notice scheme and the McLennan County Clerk’s recording requirements.

Before we get started, here are a few points in Texas law that cause problems for many contractors:

  1. The preliminary notice requirements in Texas. If you don’t have a direct contract with the property owner, you need to send multiple, monthly preliminary notices in order to preserve your lien rights. This gets tricky quick, so refer to our Texas Notice Guide for a complete explanation of what the requirements entail.
  2. Homesteads in Texas have their own unique rules. Similarly, if you aren’t contracted with the property owner, the responsibility falls on the general contractor to maintain their lien requirements. If they slip up, you lose your lien rights too.
  3. Mechanics lien deadlines in Texas cause a fair amount of confusion. Lien claimants typically need to file their lien claim by the 15th day of the 4th month after the last month work was performed on the construction project. There are other factors at play, though, and the deadline changes accordingly.

Refer to our Texas Lien Law guide and FAQ for a complete explanation of Texas lien laws.

Below, you’ll find a collection of frequently asked questions that introduce you to the McLennan County Clerk, the office with which you’ll record your mechanics lien. You can find McLennan County’s recording requirements, recording fees, page size and margin standards, as well as contact information. You can also use this page to find out how to eFile your mechanics lien with Levelset in just a few clicks.

Our step-by-step guide to Filing A Texas Mechanics Lien explains the entire process in great detail, and it also provides you with all the lien documents you’ll need to record your lien with the McLennan County Clerk.

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

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

215 N 5th Street
Room 223 (A & B)
Waco, TX 76701

Phone: 254-757-5078
Fax: 254-757-5146

The County Clerk’s office hours are Monday through Friday from 8 a.m. to 5 p.m., except holidays.

What is McLennan County's Recording Backlog?

The McLennan County Clerk does not publicly disclose information on recording backlog. However, note that your original document will be placed in the mail the next business day after it is filed.

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

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

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

The McLennan County Clerk’s standard recording requirements are as follows:

1. Property must be in McLennan County.
2. All documents pertaining to real property must have a legal description.
3. All recordable documents must be signed and must bear all original signatures. All signatures must be proved, acknowledged or sworn to according to law.
4. All documents must be original. No copies are accepted, except certified copies from another government agency.
5. All documents must have a heading clearly identifying the type of document.
6. All documents must be written in English.
7. All documents must have a return address. Deeds must also have a Grantee address. This is for tax purposes.
8. All assignments are required to have a legal description.

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

Page cannot be larger than 8 ½ X 14 (legal size).

How can I make payment to the McLennan County Clerk?

The McLennan County Clerk’s acceptable payment options are:

– Cash
– Cashier’s check or business check
– Money order
– Personal checks
– Credit Card (MasterCard, Visa, American Express)

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

The McLennan County Clerk’s recording fee is $16.00 for the first page and $4.00 for each additional page.

Additional Recording Fees

Indexing Fees: $0.25 for each grantor/grantee in excess of
five per document

Pages exceeding 8 ½ x 14: require double fee for page

Failure to include the grantees mailing address on deed
and deeds of trust requires a penalty fee in addition to
regular filing fee: $25.00

Lien Fees

Federal Tax Liens: $21.00

Copy Fees

Certified Copies: $1.00 per page plus $5.00 for certification

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

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

215 N 5th Street
Room 223 (A & B)
Waco, TX 76701

Phone: 254-757-5078
Fax: 254-757-5146

The County Clerk’s office hours are Monday through Friday from 8 a.m. to 5 p.m., except holidays.

You can also search McLennan County Official Public Records online at: https://mclennantx.countygovernmentrecords.com/MclennanClerk/web/

Note that you must register in order to view document images and purchase copies.

All documents recorded in the McLennan County Clerk’s Office from 1849 through 1995 are available in bound volumes located in the office.
All OPR documents recorded in the McLennan County Clerk’s office from January 1, 1996 to the present, and DEED, DEED of TRUST, & MECHANICS LIEN documents recorded from September 1, 1990 through December 31, 1995, are available electronically on public workstations in the office or online.

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

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

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

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