Is a lien automatically removed once there is a judgment in favor of SM to Remove Invalid or Unenforceable Lien?

2 weeks ago

Once a judgment has been made in favor of a 53-160 Summary Motion to Remove Invalid or Unenforceable Lien, is there anything that needs to be done to ensure the title is no longer clouded? Or does the judgment automatically remove the lien?

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Not necessarily. Although unenforceable, the lien may still be public record, and therefore show up on any title searches.

Under Tex. Prop. Code §53-157, A mechanic’s lien or affidavit claiming a mechanic’s lien filed under Section 53.051 may be discharged of record by: (3) recording the original or certified copy of the final judgment or decree of a court of competent jurisdiction providing for the discharge.

So all you’ll have to do is take a certified copy of the order to remove the lien (or the judgment itself) and file for a release in the county recorder’s office where the lien claim was filed.

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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