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Amend a lien with wrong owner listed

Texas

Levelset filed a lien for us and listed an incorrect Owner. They listed a company with a similar name as the Owner. Our deadline has passed to file a lien on the correct Owner. Should I just have them amend the current lien? Will that be sufficient to ensure there is no recorded lien against the incorrect Owner?

1 reply

Jan 25, 2022

Ms. Daniels, this issue is a bit more complex than it may seem at first glance. While it may not be necessary to amend the lien, the key issue is whether the actual owner received the intent to lien notices and a copy of the lien affidavit that was filed. If the lien affidavit includes a proper description of the property, then it probably does not need to be amended. However, the owner may be able to argue that the lien is invalid if they did not receive the proper notices. That being said, the Texas Property Code only requires that the notices and the affidavit be sent to the "purported owner." There is some wiggle room within which to argue that your lien is still valid. If the notices and copy of the lien affidavit were sent to the project address, then a misnomer as to the owner in the affidavit is probably not a fatal flaw. I recommend engaging an attorney to review all of the notices and the lien affidavit to determine whether the lien is valid.

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