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Avoid/Prevent Mechanical Lien on the property.

TexasMechanics Lien

I have been given a notice for Mechanic Lien on my property. The service was not done as per my request on the initial phone call to setup appointment. The contractor is just trying to charge me for a show up. How do I prevent that from happening ?

1 reply

May 14, 2019
I'm sorry to hear about that. First, it's important to understand whether the notice is indicating that a lien has been filed, or whether the notice is merely a warning or threat of lien (such as a Notice of Intent to Lien). How to respond to either situation will vary, and here are some great resources for either situation: (1) I Received a Notice of Intent to Lien - What Should I Do Now?; and (2) A Mechanics Lien Was Filed On My Property - What Do I Do Now? Further, it's worth noting that in order for lien rights to arise, there must generally be some permanent improvement to real property. So, where the "work" giving rise to a lien claim has done nothing to improve the property, lien rights will likely not arise, and a lien filed for that work would very likely be considered invalid and unenforceable. When an improper mechanics lien claim is filed, a property owner can challenge the filed lien in order to have it removed from the property. But, in terms of actually preventing a lien filing in the first place, that might not be so easy. An owner could secure a bond in order to protect their lien from a lien claim, or they could bond off an already filed lien, but mechanics lien bonds can be expensive. Alternatively, sending a demand letter which informs a contractor of the flaws with their lien claim/potential lien claim could help, especially when coupled with legal threats and sent via an attorney. But when a mechanics lien has been filed, it's wise to consult a local construction or real estate attorney. Mechanics liens are a drastic, powerful remedy, and an attorney will be able to review your situation, advise on how to proceed, and navigate whichever route is taken.
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