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.
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.
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.