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Home>Levelset Community>Legal Help>How can I secure a lein before said property is sold. before I get paid and she sells the house we worked on.

How can I secure a lein before said property is sold. before I get paid and she sells the house we worked on.

Texas

can someone call me regarding the time frame for leining a property. The said property will be up for sale here in the next few days and my fear is not getting paid from the owner before she sells said property and what are my options is she sells before payiing me what she owes. she is doing this with multiple sub contrators. would i need to go to small claims and how can I guarantee getting paid

2 replies

Jun 4, 2021

There's a lot to unpack here. 

I am an attorney separate from LevelSet, but I'd be happy to consult on this issue with you. I do not charge for initial consultations.

Very best,

Ben

281-762-1377

ben@houseperron.com

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Jun 4, 2021

If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records. 

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

Depending on how much you are owed, you should consider preparing a letter to mail by certified mail, return receipt requested, to the owner to set out the facts and to demand the relief that you want. Attach support to your letter such as your unpaid invoice and photographs of your work. Make sure that your letter is professional and business like as it may be evidence later.

If your claim is less than $20,000, consider filing suit in small claims court using your letter as evidence.

Good luck.

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