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Am I protected by a lien to collect?

Texas

Owner is selling the home we have a lien on. Are we protected by the lien to collect at title closing?

2 replies

Jan 9, 2023

Depends.
Did you give the proper notices?

Did you file the lien correctly?

Did you file suit to foreclose the lien within 1 year of filing the lien in the deed records?

Title company may insure around it if its more than one year after the filing since its barred by the statute of limitations.

You can still file suit against the owner and get a money judgment for up to 4 years after you did the work. Just do not get a lien on the house.

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Jan 10, 2023
Generally, yes. However, liens can expire so it is important to know how long ago the lien was filed. Additionally, if the property owner disputes the lien, they may try to bond around the lien claim or file a lawsuit to have it judicially removed.
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