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If the bank now owned the property, does a Lien applied?

Iam a lighting supplier, we provide the lighting fixtures 9 month ago and we have no get paid, I was contract by the owner, but the property is not owned by the builder, the porperty is now owned by the bank. I will like to know if filling a Lien in this case is correct. Thank you.

1 reply

Dec 14, 2017

I'm sorry to hear about your situation. Unfortunately, if work was completed 9 months ago and no mechanics lien has been filed, the mechanics lien filing deadline has passed - but a constitutional lien may be available (more on that in a second). For Texas residential projects, a mechanics lien must be filed no later than the 15th day of the 3rd month following the month in which labor was last furnished and/or materials were last supplied. Additionally, Texas has strict notice requirements- if they are not followed, a mechanics lien may not be filed. However, a Texas constitutional lien is available to parties who contracted directly with the property owner, and those notice requirements are not present for constitutional liens. If the property was sold to a third party who had no knowledge of the lien, though, recovery through a constitutional lien may not be possible. This is a tricky situation, so consulting a local construction attorney would be wise.

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