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How do I put a lien on a property that my mom owns?

I paid over $1,500 of my own money to clean up a property that my mom owns; I have a gift deed to same property but don't know if I can sell without her signature and brothers and sisters' signatures? I would like to put a lien on property so that they would have to reinburse me in case we sell this property. How would I put a lien on this property?

4 replies

Aug 24, 2018

It's frustrating to not get money you think you have earned or deserve, and when family is involved it can really get messy.

Mechanics liens work to secure money due for labor or materials furnished to improve property by giving the party who furnished the labor or materials a right in the improved property itself. In order for a mechanics lien right to arise, there generally needs to be a "permanent" improvement to the property. Depending on the work done, cleaning-up a property may not qualify for mechanics lien protection. Additionally, the lien right arises favor of the parties performing the work, not parties who (solely) lend money for work to be done.

Additionally, there are specific form, timing, recording, and service requirements that must be met in order to file a mechanics lien in Texas. You can read more about those here: https://blog.zlien.com/construction-payment/the-practical-guide-to-how-to-file-a-texas-mechanics-lien/ If the property is a homestead, even more requirements apply.

If a mechanics line is not an option, there are potentially other ways to lien the property. If a judgment is rendered by a court, a judgment lien could potentially attach to the property. That is likely too expensive or time-consuming for a $1,500 debt, however. If there is no real dispute over the amount due, and it just hasn't been paid, a promissory note could be used to memorialize the debt and provide repayment terms.

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Aug 25, 2021

We are in a mess with a home - my husband and I took over taxes and a home improvement loan my mother in law took out she could no longer make the payments or pay taxes so we took over and moved in The home is 50 % hers and my husband and brothers own the other half I feel like when she passes we are gonna be in a mess- can we put a lien on the property to recover what we have paid all these years

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Oct 10, 2021

Is it possible in either of the above two scenarios (my scenario is similar) that an invoice can be drawn up, thus avoiding a lien per se? In other words: if the mother who owns the house or other party in that position) agrees to the situation, is there a way to generate an invoice so that it is included later in any house sale etc.? The main difference in my question is whether there is a way to enter into agreement that if the bank, or a relative, or oneself sells the property later, that they could add the specific costs they have provided ... that way if it is agreed upon by all parties, it's simply a way of ensuring that there is a record of those expenses that MUST be reimbursed upon the home sale. This is what I am personally seeking, is it possible? it might also solve the above questions

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Dec 15, 2021

My sister was handling my mom's money/estate for like a year and a half. My mom has since moved out. My sister took my mother's money that was put aside for our inheritance and used it for a down payment for her new house. My mother was suffering from mild Alziemers at the time. My sister took advantage of that and took the money that belongs to me. Could I get a lien placed on her new house in order to get my $40k back?

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