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I am getting a notice that tomorrow is my deadline to file to enforce my lien. What is that process?

Texas

I have 4 residential liens filed on properties that I did not get paid on. Tomorrow is the deadline to enforce that lien. 2 of the houses are under construction. What is the process to file to enforce? Will the Lien expire if I don't file to enforce? Will the title company not have to settle the lien in order to close?

2 replies

Aug 13, 2022

Hi Steve. Taking as true that the lien enforcement deadline is tomorrow, that would mean you would need to file a lawsuit to foreclose your lien(s) by tomorrow. Enforcing a mechanic's lien in Texas requires filing suit. If you do not enforce the lien in time, you waive your right to do so and, yes, the lien essentially expires. It would still show up in the county clerk records but would not be enforceable. 

I would operate as if these are residential properties and your deadline is tomorrow. That said, there may be a question as to whether one or more of the liens are on residential projects. If the properties at issue have not yet been sold and are not occupied by their owner, they could be considered commercial properties. This might potentially extend your deadline, assuming your construction contract was entered into in 2021. This is a very tricky area and you should assume the earlier deadline (tomorrow) applies and try and talk with an experienced construction lawyer asap to figure out your deadlines and file suit if necessary. I would try and talk to an experienced construction lawyer today given your potential deadlines. 

This answer is general and should not be construed as legal advice, as we do not know the specific facts of your legal issue. Any comments provided are general and not meant to create an attorney-client relationship. If you would like more information, feel free to contact our office. Thanks, Mario Lamar, Attorney at Allen Bryson, PLLC, 4131 N. Central Expwy, Suite 900, Dallas, Texas 75204 (214-586-0722); (cell 801-712-2130).

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Aug 15, 2022

Has been 1 year since you filed it?

If so you have to file suit to foreclose it within one year or it expires by law.

If not then file suit and foreclose it

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