Home>Levelset Community>Legal Help>Can supplier place an actionable lien on my Homestead property in Texas, is it valid? If lien is not valid, how do I have it removed?

Can supplier place an actionable lien on my Homestead property in Texas, is it valid? If lien is not valid, how do I have it removed?

Anonymous Contractor

I funded general contractor specifically to provide funds for him to pay supplier of concrete. General did not pay supplier and supplier is now threatening to lien my property. There was no signed contract between myself and anyone involved and therefore, no contract put on file at county recorders office. Can the supplier place an actionable lien on my property, is it valid? Property is a homestead in Texas. Also, if lien is not valid, how do I have it removed?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,000 reviews

Dec 7, 2017

I'm sorry to hear about that. In order to have a valid Texas mechanics lien on a homestead, a written contract is required. Further, as you hinted at, because no contract was filed with the county, even if there was a written contract, a homestead lien would not be an available remedy for this claimant. To avoid having to take steps to remove the lien after it has been improperly filed by the claimant, a good course of action might be to notify the claimant that a lien filed against a homestead must be made pursuant to a contract in writing and that such contract must be filed with the county in order to give rise to a homestead lien. Identifying that the lien may not be properly filed and notifying the claimant that penalties can come into play for wrongfully filed liens could very well deter a claimant from filing. If the lien is filed anyway, suit may be brought to remove the lien. Also, during a lien enforcement action, a motion may be filed to remove the lien. For either filing, that no contract was executed or filed as required by the lien statute will serve as a basis for having the lien removed.

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