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?
2 replies
Jun 22, 2020
You'll need to request a certified copy of the judgment from the Court Clerk, which can then be filed with the County property records office in the county where the property is located. The judgment needs specific language that specifically identifies the property by legal description and the Parties involved, so that the judgment invalidating the lien can be picked up by title companies and the like in the future. If the judgment does not include this info, then you'll need to have that corrected.
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Sincerely,
Martin C. Law, Partner
Patout | Law, PLLC
5850 San Felipe, Suite 500
Houston, Texas 77057
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Jun 29, 2020
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.