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Help filing a constitutional lien then foreclosing in Texas

TexasLien ForeclosureMechanics LienRight to Lien

I entered a contract in september 2016 where I would restore a historically registered property while I lived at the property and deduct the agreed upon lease amount of $600.00 from the total cost of restoration. The contract for lease I stated this exchange would continue until the balance for the restoration was at $0 this could happen by me living at residence after completion deducting the $600 every month or the owner to pay balance after work was completed. The only stipulation was that every 6 months the owner would inspect my progess and and quality of work. If I did not complete the repairs I was to have made for that time period or my work was sub par. The contract could be cancelled after the balance was paid in full. I was a general contractor specializing in insurance claims and that kept me at my desk most days and making repairs during those days was my way of relaxing. So I saw this as I have the materials already being stored from past jobs. I few years of not paying a lease payment which would help me build my business always having something to do at home and for the owner a property valued under 45k at the time of the agreement would be 300k do to its architecture, Location and historic status so we both were going to do well. After i completed 40k of repairs and only living there 6 months i developed a foot infection and was hospitalized. The owner took advantage of this by evicting me and my disabled mother resulting in my mom being put on the street me in a hospital and all my belonging being lost. the stress of the whole situation cause the infection to to get worst and a year later my leg was amputated I hired an attorney from Houston that seemed to have passion and was out raged seemingly. He took my money and did but waste the 2 yrs time line I had to sue. The house in question is 1 of 30-40 properties of the owner and has sat empty since my eviction. I want to file file a constitutional lien and foreclose fast under the owners nose like she evicted me. I want it to be legal and non disputable She evicted me by using a fraudulent fill in the blank lease that was written in 98 and could bought at office depot 17yrs ago with my signature forged. She put my belonging on the street to be stolen even though the was a stoage rental building directly across the street. She and he husband are evil is what I'm saying. So understand that this is not eye for an eye for me. I want justice and me taking the house back won't hurt them financially what so ever but it will kill the pride and arrogance keep them up for many nights in the future. I wanted to say all that so anyone that can help me know's I don't want the money I'm owed I want the the property. With a constitution lien I wont have to send notice and can be in a strong position before they even realize what hit them. The owners or children of the actual owner have no actual claim to the property it is owned by the husband mother who actually wanted to pay me but was stopped by the couple to further twist the knife by letting me to believe I was to aleast be paid for my work then telling to nope we'er ar e not letting mother pay you the day i was to collect. sorry while writing this a lot outrage over this bubbled out and i believe If they have the lack of conscious to do this to me how my others have they victimized owning 30-40 rental properties. I would bet that alot of those houses were stolen by them some how. I looked up the history of some of their property's and they were obtained from elderly people with questionable documents. i want to put it out there that i'm dealing with evil people but i will file pro sé if need be but i scared I'll make a mistake and they with slither away. For an attorney this is a cake walk I'm completely with in my legal rights and only want to keep things quiet because If they find out to soon i have every reason to expect them to use every dirty tactic in the book and some they will make up. I need to know what documents are needed What evidence will help I've every texted message sent and received detailing the work the terms of the contract etc I have before and after photo's of all work

1 reply

Mar 5, 2020
Filing a constitutional lien in Texas is a relatively easy process - especially compared to statutory mechanics liens. Really, there aren't any specific requirements for the lien. However, filing a lien that complies with the Texas statutory mechanics lien requirements can help to make sure the constitutional lien contains enough relevant information to property communicate and secure the debt at hand. Though, it's likely important to notate that the filed lien is a constitutional lien and is not a statutory mechanics lien claim. For an example of a statutory lien document: Texas Mechanics Lien Form | Free Download. The lien, just like a statutory lien, will secure payment for amounts owed but not paid for the improvement of the project property. While a constitutional lien is in place even if it's not evidenced in the record - the lien doesn't really have much power until there's record of the claim filed with the county recorder and communicated with the property owner. At that point, the lien becomes effective against third parties and can begin to cause headaches for the property owner. Recording with the county is pretty easy, and most of the steps in this article should apply (even though the article was written for statutory liens): How to File Your Texas Mechanics Lien – A Step by Step Guide to Get You Paid. And, any and all documentation about the arrangement - like a contract, emails or texts discussing the arrangement, photographs of the work, etc. - could be helpful to support the claim. As for foreclosing the lien - as you mentioned above, it's almost always better to proceed with an attorney than it is to proceed pro se. For help finding a Texas construction attorney, these resources should be helpful: (1) Construction Attorneys in Texas; and (2) Top 5 Construction Law Firms in Houston, Texas.
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