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Do i need to get a Lien release from Contractor for recording?

Texas

In 2013 I had taken a mortgage with construction loan. As part of closing we signed the papers for Mechanics lien and the contractor recorded a mechanics lien on my property. However the contractor also signed an assignment of lien back to the mortgage lender as well. I had however refinanced and paid the lender the full amount including the construction loan amount. We never used the construction loan. Later the lender issued a release of deed and recorded it. However the mechanics lien is still showing on my record and no release letter was recorded by my contractor. Do i have to get a lien release doc recorded form contractor as well? or will the release deed document recorded by my lender who was also assigned the rights of the mechanics lien by the contractor would suffice?

4 replies

Jan 19, 2021

Hello,

If the contractor is still in business, a lien release should suffice. If you cannot find the contractor, you will need to go to court for a declaratory action to remove the lien. It sounds fairly straightforward as the lien has not been enforced by now so it should have expired per the Property Code. I wouldn't be able to tell you for certain until I had seen the paperwork.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Jan 29, 2021
Thank you Aaron. "as the lien has not been enforced by now so it should have expired per the Property Code." Can you please explain this law? Much appreciated.
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Jan 29, 2021
I am based in Texas
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Feb 2, 2021

Hello again,

Yes. Under Texas law, the person who filed the lien only has a year to filed in District Court to enforce it. If they did not file to enforce the lien, it has expired so they need to remove it or you need to go to court to get an order removing it.

-Aaron

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