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If the mechanics lien did not even state the correct owner, do I have to file a motion to get it removed?

TexasMechanics Lien

I'm looking for how to remove an invalid mechanics lien in Texas in the most cost efficient manner. The mechanics lien did not state the correct owner and the actual owner never received notice of the incorrect lien until August of 2018. The lien was also never foreclosed upon and it was filed in August 2014. Do the owners have to file a motion to get it removed or can they just have a release signed and notarized by the party the incorrectly filed the lien?

1 reply

Sep 28, 2018

That's a good question, and removing an invalid lien can be a pain. First, the most cost and time efficient manner for removing an invalid and/or expired lien is almost always to obtain have the lien released by the party who filed it. As set out by § 53-152(b) of the property code, "A release of lien must be in a form that would permit it to be filed of record." If the lien claimant does not cooperate, further action - like filing a motion to have the lien removed - may be required. Under § 53-157 of the Texas Property Code, several reasons are given that would provide for the discharge of a lien. For one, failing to enforce the lien prior to the deadline for that enforcement is grounds for discharging a lien - and in Texas, a lien claimant must enforce their lien within 2 years from the lien filing at the very latest. If a lien claimant files their lien and more than 2 years go by, the lien may very likely be discharged. However, that section of Texas Property Code doesn't specify exactly how the lien would be discharged. Presumably it would require some legal action in order to discharge the lien. Further, as you'd hinted at above, under § 53-160(b)(1), when a notice of the filed affidavit is not furnished to the owner of the property as required at the time of filing, that will serve as grounds for objecting to the lien claim. This section does specify how the lien would be removed - via summary motion (i.e. legal action).

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