Guide to filing a mechanics lien in Waller County

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

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

836 Austin Street, Suite 217
Hempstead, Texas 77445
Phone: 979-826-7711
E-mail: d.hollan@wallercounty.us

Office hours M-F 8:00 a.m. – 4:30 p.m.
The office is open through lunch.

The following entities may use eRecording to electronically file documents with the Waller County Clerk’s office:

1. An attorney licensed in the State of Texas;
2. A bank, savings & loan association, savings bank, or credit union doing business under laws of the United States or the State of Texas;
3. A federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government, or a person approved as a mortgagee by the United States to make federally insured loans;
4. A person licensed to make regulated loans in the State of Texas;
5. A title insurance company or a title insurance agent licensed to do business in the State of Texas;
6. An agency of the State of Texas.

In addition to persons listed above, a county may authorize a person to file electronic documents or other documents electronically for recording with a county clerk if the county enters into a memorandum of understanding with the person for that purpose.

Per Texas Local Government Code 195.003, the following organizations are authorized to use eRecording to electronically file documents with our office:

Corporation Service Company
2711 Centerville Road, Suite 400
Wilmington, DE 19808
(866) 652-0111
erecording@cscglobal.com
www.erecording.com

Simplifile
4844 North 300 West, Suite 202
Provo, Utah 84604
(800) 460-5657
sales@simplifile.com
www.simplifile.com

What is Waller County's Recording Backlog?

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

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

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

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

The Waller County Clerk’s recording requirements are as follows:

1. Must contain a 1″ margin at the top of each page.
2. Must have an identifying heading.
3. Must contain original signatures.
4. Must contain a notary acknowledgement.
5. Must be suitable for reproducing a readable record.
6. All signatures must have the name typed, printed or stamped.
7. Address of grantee must be in the body of the document.
8. Absent any of the above, a penalty fee will be charged.

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

All documents must contain a 1″ margin at the top of each page.

How can I make payment to the Waller County Recorder?

The Waller County Clerk’s payment options include credit/debit, cash, personal check, money order, or cashier’s check.

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

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

Additional Recording Fees

Indexing Fee: $0.25 per each name in excess of 5

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

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

836 Austin Street, Suite 217
Hempstead, Texas 77445
Phone: 979-826-7711
E-mail: d.hollan@wallercounty.us

You can also search Waller County Real Property Records from 1994-Present online at: https://www.countygovernmentrecords.com/

You can view the image of a document and purchase images on a “document by document” basis or you may purchase a monthly subscription that allows you to view, download and print unlimited document images. The only accepted credit card types are Visa and MasterCard.

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

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

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

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