Does a residential mechanics lien expire? Listing for sale, 1994 lien against previous estate shows up for 2500.00. Original builder is out of business..
Texas mechanics liens do not last forever. The deadline to enforce a residential mechanics lien is the later of either one of these two dates.
The first is one year after the last date the claimant could've filed a lien.
This is the 15th day of the 3rd month following the month of the last date they furnished labor or materials to the project.
The second is one year after the termination, completion, or abandonment of the project.
If no action was taken to enforce the lien claim within this timeframe, then. the lien will expire and no longer be enforceable. However, just because the lien is no longer enforceable, doesn't mean that the lien still won't come up on a title search. Prudent assessors will note this, but it can still cause problems.
Removal of a lien from the property
Removing an invalid or expired lien is regulated by Tex. Prop. Code §53-160. To remove unenforceable liens in Texas, an action to remove the claim must be filed in court. Given the fact that the mechanics lien has been expired for so long, this process should be relatively quick and simple.
For further reading on the removal process: How and When to Release a Texas Mechanics Lien
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...