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can i file a lien on property used as collateral in promissory note in travis county tx

TexasLien Deadlines

i have a promissory note with property used as collateral for monies loaned. the document is undated as the property was supposed to be sold to cover the loans but it doesnt apppear to have sold yet and i have not heard from them in six months. we left the dates open on the note to cover when it sold

1 reply

Dec 11, 2020

Hello,

You have an issue that is not really meant for Levelset. This place is more for mechanic's liens and some other questions which usually fall under Chapter 53 of the Texas Property Code.

The question you have is related to enforcement of a promissory note which is basically a loan and attributed terms. You're going to want to contact an attorney because there are still some questions that I would have related to this such as:
1. Is the promissory note and the property described secured by a deed of trust or a UCC 1 to establish a security interest.
2. What is going on with the property.
3. What is the rest of the language in the contract?

In short, no, you may not just file a lien. You may already have an interest in the property. Now, you need to enforce it.

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