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if timely filed lien affidavit was released then refiled outside original deadline, is it valid in texas?

I am a contractor that contracted with a tenant of a commercial shopping plaza to do a remodel. The tenant owns their own clothing company and has a store in the plaza. The owner of the plaza sold place to new owner back in December 2019. The lien notice and affidavit claiming lien were filed per deadlines. The lien was released in December in exchange for $8k from selling owner to myself and my promise to make effort to collect from tenant with the hope of paying back former owner. The tenant was unaware of this transaction. I re-filed the lien in March 2020. Original filing deadline was january 2020. Is newly filed lien valid? If so, can i or do i need to amend it to reflect new owner of plaza?

1 reply

May 18, 2020

If a mechanics lien has been filed after the TX lien deadline - then it will likely be invalid and unenforceable. This is true regardless of whether some other lien has been previously filed and released. Further, while Texas does allow for some flexibility with listing an owner ("reputed owners" are generally acceptable), listing an owner that you know no longer owns the property would also be an issue. Filing a lien you know to be improper is a dangerous game, particularly in Texas. It could result in up to $10,000 in damages, along with significant legal headaches. Tough, there is a difference between fraud and an honest mistake - so the $10,000 penalty won't apply to every situation. For ultimate clarity on the validity of your lien claim, it'd be wise to consult with a Texas construction attorney. They'll be able to review your documentation for accuracy, and you can provide them with a full rundown of your situation. At that point, they'll be able to advise on the validity of the lien and prescribe options for moving forward. Finally, these articles should be useful: - I Received Partial Payment — What Should I Do With My Mechanics Lien? - Can’t File a Lien? Here Are Some Other Options For Recovery - Don’t Want to File a Mechanics Lien? Here Are 5 Other Options

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