I had a contractor come to my home and ask to view my roof. He helped me start the claim process with my Insurance company. I did not sign any contract only thing I signed was that the contractor did the inspection and roof needed replacing. I did some research on The contractor and found out he wasn't very reputable. So I wanted to get a 2nd Opinion on my roof. I told this to the contractor and I was told by him that he can put a Lien on my home since Insurance has contracted him. I called my insurance and they said his company isn't contracted on anything. My question is. Can he put a line on my home even tho not work was preformed on my property and I didn't sign anything saying he can work on my property.
I assume that the roofing would would be for your house, and that your house is your homestead. For the house to be your homestead, the house has to be titled in your name and you must live there. The contractor that contracted with you is called the "original contractor" under Chapter 53 of the Texas Property Code (which governs the propriety of mechanic's liens). If the property at issue is your homestead, then for a contractor to be entitled to file a valid mechanic's lien against your homestead, he would have to comply with Chapter 53 of the Texas Property Code. Among the requirements are a written contract signed by the owners of the homestead (husband and wife), certain homestead warnings, and filing of the contract with the county clerk. Those formalities do not usually happen. Without them, any attempted mechanic's lien filing would be invalid.
If the original contractor did not properly perfect a homestead mechanic's lien contract, then no contractor, subcontractor or supplier can file a valid mechanic's lien against your homestead. You should write a letter by certified mail to the lien claimant to demand that the lien be released, pointing out that the property is your homestead, and that the original contractor has not perfected a homestead mechanic's lien. If the lien claimant does not voluntarily release the lien, he could be liable for a fraudulent lien under Chapter 12 of the Texas Civil Practice & Remedies Code. Chapter 12 can award damages of $10,000 or actual damages whichever is greater, plus attorney's fees.
If a mechanic's lien is filed, you can also demand that the lien be released under Section 53.160 of the Texas Property Code, which provides for a summary procedure (no trial necessary) for the removal of an invalid lien on someone's homestead.
Incidentally, you should retain a construction attorney to review what you signed, and to see if you have some obligations to the contractor. It could be that what you signed is void for violating the Texas Home Solicitation Act, or for some other reason.
Good luck.
You indicate that you signed something. Unless you have had legal training, you may not realize that the contractor could contend that you created a contract that became effective when your insurance company issued payment. Some roofing contractors style this sort of paperwork as a contingent contract or a work authorization, not focusing on the fine print that creates a binding contract if certain conditions occur.
Since the property is your homestead, the contractor cannot file a valid mechanic's lien, although some certainly do so anyway.
Good luck.
Only exclusively considering the facts you have provided any affidavit of lien filed could be proved ineffective due to lack of evidence to support it.