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How can I verify my lien on a lot with a geographic location is tied to new home being built with new physical address?

TexasLegal Property DescriptionMechanics Lien

I am a subcontractor that built a retaining wall to develop a raw lot and did not get paid by the General Contractor. We placed a lien on the lot which only had a geographical location and lot number at the time. They are now building a home on this lot and I wanted to make sure our lien will be found since the new home has a physical address.

1 reply

Sep 8, 2020

Hello,

You have a couple of issues within these facts.
1. Find out if the lot was sold after you placed your lien. If the lot was sold, the subsequent buyer took possession subject to your lien. If there's a title company involved, they may owe you money.

2. If person building the house is the same person that owned the lot, there isn't much you can do. You have to either enforce your lien in court and get a judgment which you can then attach to the physical address or you wait for the property to be moved so that subsequent buyers/title companies find your lien and pay it.

Side note (without knowing any additional facts): You may want to consider enforcing your lien before someone comes along and homesteads the property if they haven't already. Just a thought and definitely not legal advice.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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