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How to remove liens on a deed.

TexasMechanics Lien

My mom was awarded a home in a divorce many years ago. She has never changed the name on the deed. The deed has two liens: (1) one from 1977 from a company that's no longer in business and doesn't specify an amount, (2) another from 2009 the city for $209. We would like to get the first one removed but don't know exactly how and we can pay the second one and have it released. We are trying to resolve her affairs as she is battling stage IV cancer. TYIA for your help.

1 reply

Jul 25, 2018
I'm very sorry to hear that. First, it's worth noting that a lien from so long ago - regardless of what type of lien was filed - is extremely unlikely to remain enforceable, especially considering the lien holder is no longer in business. Anyway, assuming this is a mechanics lien that's been filed (that is, a lien filed for unpaid construction work on real property), removal of the filed lien should not be terribly challenging. Under Texas Property Code §53-157, a mechanics lien affidavit may be discharged of record by "failing to institute suit to foreclose the lien in the county in which the property is located..." within the deadline to enforce a lien (which was a long time ago - Texas mechanics liens must be enforced within 1 or 2 years from the completion of the construction project). While this leaves a mechanics lien unenforceable, to have the lien actually discharged from the record, an owner will have to file for the removal with the district court where the property is located.
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