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Can a recorded residential Texas mechanic's lien be renewed prior to the lien's one yr expiration date?

TexasMechanics Lien

Labor provided on new residence under construction. Not a homestead at time of work provided. Owner refuses to pay remaining $15k citing false claim of improper install. Lien filed by me. Expires July 15th. Can lien be renewed before Jul 15? If so, is their special language for "renewal" of a lien affidavit? Or is filing suit before the lien expires the only option left to try to recover the debt?

1 reply

Jun 16, 2021

There is no provision under Chapter 53 of the Texas Property Code (the Chapter that governs the propriety of mechanic's liens) for renewing or extending a mechanic's lien. However, it is possible that you may have a right to a Texas Constitutional mechanic's lien, which has no expiration deadline (aside from perhaps the four year statute of limitations for debt).

You really should retain a construction attorney to evaluate your legal situation and to provide advice. You need to make sure that your lien is proper and appropriate before you file suit.

Good luck.

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