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I filed the Completed: Your Residential / Homestead Affidavit of Lien (Contract with Owner

TexasLien Deadlines

Can you now file the lien so I can send that to the mortgage company? why would we wait?

3 replies

Jun 26, 2021

Hello,

I think you meant the direct this question to Levelset specifically. This is the general questions section. Contact them through the email they contacted you at?

-Aaron

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Jun 27, 2021

If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records. You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so. Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury. Good luck.

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Jun 27, 2021

1. She rents the property and has been in packastan for over a year. 2. she owes us every dime and has signed a contract with us for that work. 3. She is not married and owns the property I want the lien filed, if she get foreclosed I have no way of getting it correct?

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