We filed a lien 11/14/16. It appears that we have 2 years to enforce the lien. What is the process to enforce the lien?
1 reply
Aug 14, 2018
In Texas, for all lien claimants, the deadline to enforce a lien is 2 years after last available day to file the lien or 1 year from the completion of the work (whichever is later). Although, for residential projects, the deadline is shortened to 1 year from the last available day to file the lien or 1 year from the completion of the work (whichever is later).
Prior to that deadline expiring, an action to enforce the mechanics lien must be initiated (or the lien will expire and become unenforceable). To enforce a lien - a lawsuit must be filed. This is a real-deal full-blown lawsuit, so it is always a good idea (and sometimes a specific requirement) to enlist the assistance of an attorney to help out. The lawsuit to enforce the lien is a foreclosure suit. The suit must be filed in a Texas District Court for the county in which the lien was recorded.