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Can I file mechanic lien

TexasMechanics Lien

I’m a small GC in Tx and have been providing maintenance/ remodeling/lawn care for a company owned rental property. I have heard they properly was owner financed and they have missed a payment and said financer has sent a letter to them threatening to take property back, The company owes me significant amount of money. Will a mechanic lien attach a lien on the property that financer would have to settle if he tried to foreclose on company?

2 replies

Dec 5, 2021

Not all of the work that you describe would qualify for a mechanic's lien under Texas law.

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 you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

Good luck.

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Dec 6, 2021
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