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Enforce steps to foreclose

TexasForeclosure

I have sent my customer a notice of Foreclosure and wish to enforce this following the sending of a Mechanics Lien. What do I do to start this process? Happy to attend Court and have done so many time overseas but I am unfamiliar with the process here.

2 replies

May 10, 2023

Step one: Retain a construction attorney to evaluate your situation and to provide advice.

Incidentally, enforcing a mechanic's lien requires filing suit, and seeking a judgment that confirms the validity of the lien, and the right to foreclose.

Step two: Make sure that you have a valid and legitimate mechanic's lien. Persisting with an invalid lien could violate the Texas Fraudulent Lien Act, and could subject you to $10,000 in statutory damages, or actual damages, whichever is greater, plus attorney's fees.

Good luck.

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May 10, 2023

If you have sent proper timely notice of unpaid bills and intent to file a lien and have properly timely filed the affidavit claiming M&M Lien, you have 1 year after the filing of the affidavit to file suit to “Foreclose” the lien by getting a judgment for the debt and validating the lien.

Need to hire a lawyer to file the suit and proceed to collect your money.

 

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