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A sub filed a mechanics lien

TexasMechanics Lien

Sub filed a mechanics lien on a Texas property that was labeled as homestead when filed (but not a homestead today). He also did not send any pre notices or notice that he actually filed a lien affidavit. What are my rights? The contractor was paid, but now learning they are related!

1 reply

May 17, 2022
Furthermore, because he is a subcontractor, he does not have any lien rights per a constitutional lien. A subcontractor, if proper notices ae provided, can get a statutory lien. As to a constitutional lien, they are available only to a general contractor, not a subcontractor. Bottom line, the lien appears to be invalid. You can ask him to remove the lien and if he refuses to do so you can sue him for filing an invalid lien and perhaps even a fraudulent lien.
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