Home>Levelset Community>Legal Help>Can I give a lien release for a specific piece of a parcel (two individual condos in this case) without releasing the whole property?
Can I give a lien release for a specific piece of a parcel (two individual condos in this case) without releasing the whole property?
I have filed a lien on a property, and the customer is asking if they can get releases for two specific condos they are trying to sell on that property while still leaving our protection in place on the rest of the property. Is this possible?
1 reply
Apr 29, 2020
We strongly advise you to consult an attorney who has experience in construction law and is knowledgeable of the intricacies of filing a lien or a claim on a payment bond. This area of law is extremely complicated. The information provided in this reply does not constitute legal advice to you or your company, nor does this reply create an attorney-client relationship. We assume for this reply that this project is in Texas.
The answer is YES. You can file a partial release of lien on the condos for which you received payment. Your question implies that you will receive payment as individual condos are sold. Be mindful of the time period for filing suit to foreclose on your mechanics’ and materialmen’s lien. Suit must be brought to foreclose the lien within two years after the last day a claimant may file the lien affidavit or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later. For a claim arising from a residential construction project, suit must be brought to foreclose the lien within one year after the last day a claimant may file a lien affidavit or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.
Glenn J. Fahl
FID
Fahl & Donaldson
A Professional Limited Liability Company
801 Louisiana Street I Suite 400 I Houston, Texas I 77002
Telephone No.: 713-627-7800
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Direct: 346-202-0501
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gfahl@fahldonaldson.com
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