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Home>Levelset Community>Legal Help>In Texas. Hired a guy, no written contract (I know better now) all I had was a list of what we wanted to see done within our 25 grand budget. After the job he tries to give us further invoices demanding 9000 more! The lien is filed I think and marked unofficial. Should I hire an attorney since I’d like to sell home? Can I bond out the lien and if so HOW? And lastly, want to sue the guy for all the lost time money and expenses of having to hire others to fix his careless work.

In Texas. Hired a guy, no written contract (I know better now) all I had was a list of what we wanted to see done within our 25 grand budget. After the job he tries to give us further invoices demanding 9000 more! The lien is filed I think and marked unofficial. Should I hire an attorney since I’d like to sell home? Can I bond out the lien and if so HOW? And lastly, want to sue the guy for all the lost time money and expenses of having to hire others to fix his careless work.

TexasBonding Off LienMechanics Lien

Hired a man, no license no contract, just a list of what I wanted to see done priority wise and within my 25 thousand budget. Was assured it was easily done. Work started and not very good. Have had to hire others to come in and fix or finish things I was assured could be done in my budget. Never did the man come to me and say I am over budget. Just sent me invoices after the fact, knowing I’m trying to sell the home, I feel thinks that he can extort more out of me by hoping I’ll give in in order to sell my home. Well, I’m not desperate and an angry at the gall of it and would like to know what steps to take so I can sell home. Looked it up in records and it shows as unofficial filing? My home is homesteaded too. What can I do???? Help!!!

1 reply

Oct 10, 2018
I'm sorry to hear about that - I'm sure it's very frustrating, especially when the sale of the home is on the horizon. First, I'll note that when a mechanics lien has been filed, it's typically a good idea to at least consult (if not hire) an attorney regarding the lien claim. Laying out all of the relevant circumstances and documentation to a local construction or real estate attorney will enable them to advise you on how best to proceed in your situation. That being said, in Texas, there are specific rules to filing a mechanics lien on a homestead. Specifically, on Texas homesteads, 1) The contract must be executed before any labor or material is furnished; 2) If the owner is married, the contract must be signed by both spouses; and 3) The contract must be filed with the county clerk of the county in which the homestead is located. If those rules aren't followed, the mechanics lien is very likely invalid. Regarding the removal of the lien, bonding off a lien is an option in Texas - albeit a potentially expensive one. In order to bond off a Texas lien, a bond that's in compliance with § 53-172 of the Texas property code must be acquired and recorded with the county clerk in the county where the property is located. Further, notice must also be provided to the party who filed a mechanics lien - and that notice must also be recorded with the county clerk. Once that bond is filed and notice is properly sent - the lien claim will be discharged from the property, and the claimant will have 1 year to file a claim against the bond that was filed. Another option to have the claim released might be to file an action in court for the discharge of the claim based on some flaw with the mechanics lien filing - such as, potentially, missed requirements due to homestead requirements. Depending on the price of the bond required to discharge the lien, it could actually be cheaper to hire an attorney to file a motion for the discharge of the lien. Thus, it may be a good idea to reach out to a Texas surety company (or a surety company familiar with Texas' Mechanics Lien Bond requirements) to see about pricing to discharge the lien with a bond and to also reach out to a local construction attorney to discuss pricing for having the lien discharged. Finally, this article may be helpful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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