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Home>Levelset Community>Legal Help>In TX must a lender have a Mechanics Lien/Note, to have a valid lien via a DOT, for a homestead improvement loan?

In TX must a lender have a Mechanics Lien/Note, to have a valid lien via a DOT, for a homestead improvement loan?

TexasMechanics Lien

Federal homestead improvement loan. I believe that we may have a misinterpretation in Texas law, concerning a requirement that a mechanic lien and note are required in order for our security instrument to be valid.

1 reply

Feb 24, 2022

Typically, a lender will arrange for a mechanic's lien construction contract with a mechanic's lien note, and arrange for the contractor to assign its lien interests to the lender. But that is not the only way for a home improvement lender to secure the first lien.

Retain a construction attorney to evaluate your legal position and to provide advice.

Good luck.

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