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Can I buy a mechanics lien from the person that did they work and cause a foreclosure sale?

TexasMechanics Lien

A pumper(oil field worker) friend of mine has filed a mechanics lien against the owner of 3 oil wells for non payment of his contracted monthly fee to keep the wells operating and producing. Can I buy the lien from my pumper friend( I am trying to help him out) and file a suit to cause a foreclosure?

1 reply

Feb 18, 2019
That's an excellent question. Unlike many other states, Texas does not seem to take a clear stance on whether a filed mechanics lien can be assigned or transferred in the Texas Property Code. Of course, generally, mechanics liens can be assigned once perfected (but typically not before the lien is filed) unless there's a provision in the state's lien statute specifically prohibiting the assignment or transfer of a lien filing. Still, it may be worth consulting a local construction attorney to take a deeper look about the assignability of a filed Texas mechanics lien before diving in head-first. Plus, it also might be worth having an attorney review the original filed lien itself - Texas is also home to lien rights which arise directly from work performed on oil and gas or pipeline projects, and there's a chance that a standard mechanics lien for construction work in Texas might not be the most appropriate remedy for recovery. Finally, this resource should be relatively valuable: Things To Think About When Assigning A Mechanics Lien.

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