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How do I go about foreclosing on a property I have a lien on?

TexasForeclosureLien Foreclosure

I did work on a home for a investor, on an investment property. They did additional work that I was never paid for. Upon doing title search on the home, the owner is not the investor I have the contact with. It is titled in a investment company that employed these individuals to rehab the house and split the profit. I files I lien on the property, sent certified notice to the investor I had the contract with, as well as the company the title listed. They attempted to sell later, but the seller backed out due to the lien. I need to know how to go about foreclosing on the property. It is empty and not homesteaded.

2 replies

May 11, 2020
Hi, To foreclose on a property, you must file an action in the District Court of the county the property is located in. Make sure to include everyone in the suit such as the company that you worked for as well as the recorded owner of the property. When I do foreclosure actions, I usually include claims for breach of contract, quantum meruit, violations of the prompt payment act, and the request to foreclose. Once it is filed, have everyone served and the party really gets going. Go through the ordinary legal process: discovery/motions/etc. Assuming a judgment is rendered in your favor, abstract the judgment, file it in the County property records of the County in which the property is located, and hand it to a sheriff to put in a foreclosure sale. Once the property is sold, you will receive your money plus expenses and the rest must go to the property owner. This is, of course, a simplified version of what may likely happen. Expect some bumps. If you would like someone to assist, feel free to contact my office. E. Aaron Cartwright III 214-789-1354 Aaron@EACLawyer.com
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May 12, 2020
Hello, A lawsuit to foreclose the lien needs to be filed. Depending on what County the lien is filed in the suit can be either filed in the county or district court of that county. If it is your company that is owed money for the work you will have to hire an attorney to file the lawsuit, as a company must be represented by an attorney in both of these Courts. If you are owed money in your individual capacity you can file your own suit to foreclose, although I do not recommend this course of action, because an attorney that is familiar with the litigation process could have your lien removed on a technicality. Feel free to contact my office and we can discuss your situation in more depth. Karalynn Cromeens Managing Partner Tel: (713) 715-7334 www.TheCromeensLawFirm.com
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