Im a residential property owner of 2 acres. Back in March of 2021, I started paperwork with Tilson Homes and was going thru their preferred lender for the loan. They had pre-approved me and was assured there would be no problem. So we proceeded to sign paperwork with Tilson. Later, their lender, informed me they wouldnt approve the loan without me reducing my debt to income ratio by paying off debt. That was something I wasnt able to do, so unfortunately I was forced to cancel due to their lender not approving the loan. Just yesterday, I found out by a Title of Property check that Tilson had a placed 2 Mechanic liens on my property. I reached to Tilson to have them removed due not being able to proceed due to their lender not approving the loan. They now are telling me that since I backed out of the contract I am liable for the 4.5% of the future total cost of the house built which would be approx. $17,000 of the $355,000. I then reinstated, I did not back out, their lender didnt approve my loan. Is this a valid lien?
The legal analysis would start with a review of your contract and lending agreement, and then extend to any communications which have occurred.
If the property is the your homestead (meaning that the owner owns the property and intends to live there) then your contract with the builder would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records.
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if the builder has filed a lien, the builder has properly and appropriately done so.
Filing an invalid lien could subject the filer to liability under the Texas Fraudulent Lien Act, and the filer could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.
A legitimate mechanic's lien depends on debt arising from improvements to the real property. If the builder has not improved your property, its mechanic's lien(s) could be invalid.
So, retain a construction attorney to evaluate your legal position and to provide advice.
Good luck.