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Can liens be filed once a property is sold?

Texas

Currently working on a Multifamily apartment community property. We are doing large volumes of repairs that are adding up and the current owner is in the process of selling the property. Once sold, will I still have lien rights on the work performed or will I lose rights since the property is under new ownership soon?

1 reply

May 18, 2022

The legal analysis would start with a review of your contract, and then extend to your invoices, change orders, and communications, and place the contracting hierarchy.

If you have contracted with the owner or the owner's agent, you may be an original contractor with superior mechanic's lien rights and also a right to a mechanic's lien under the Texas Constitution.

The inception date for your mechanic's lien would go back to when your work started, so even if the project was sold, you would have lien rights and the new owner would purchase the property subject to your lien.

Retain a construction attorney to evaluate your legal rights and to provide advice.

Good luck.

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