We are the contractors holding the contract directly with the home owner on a homestead residential project. We did not file a contract with the county of the job site address. Due to us providing emergency mitigation services we normally sign the agreement and provide the work on the same day, this does not leave an opportunity to file the contract with the jobsite county prior to beginning work to protect payment on projects. In the past we have been successful in protecting our investment/ return on the project by filling a Constitutional Lien Without filing the contract Affidavit with the county prior to beginning work. Please advice if this is a valid lien process and how to protect our payment with other jobs where we cannot file contracts prior to beginning work.
Hello,
You have a different problem, actually. If you file a lien on a homestead property, you will not be able to foreclose on it. The laws of this state do not allow for you to be able to seize and sell a primary residence for failure to pay on most contracts excluding mortgages, etc.
Your goals could be accomplished similarly by sending the demand letter and filing the lawsuit (not in small claims court). If you are successful, you can place a judgment lien against their residence (which would have the same almost useless effect of a mechanic's or constitutional lien) and you can start collecting on assets that are not their primary residence or not protected by the Texas judgment statutes.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com