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

TexasMechanics LienRight to Lien

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?

1 reply

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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