We are looking into using zLien for all of our lien waiver needs, we want to be sure we have a good understanding of what the law in Texas states.
1 reply
May 1, 2018
We're glad you're considering using zlien! When a lien claimant has filed a lien and wishes to release it - because it is satisfied or for whatever other reason - the lien release must be "in a form that would permit it to be filed of record," under § 53-152(b) of the Texas Property Code. Thus, such a release, when given, must be in writing (among other potential requirements). Granted, it appears that a written release of lien might not necessarily be required unless it is requested. Under § 53-152(a), a release of lien must be furnished "not later than the 10th day after the date of receipt of a written request..." Of course, as a "best practice," we always recommend that a lien be released once payment has been received. Properly releasing a lien that has been satisfied can help avoid any further dispute and potential damages, plus it's just the right thing to do in most cases. We explore that idea more in this post: 3 Reasons You Should Release Your Mechanics Lien Once You’ve Been Paid. Finally, it's worth noting that zlien has a free downloadable form for Texas lien releases, which can be found here. As a side note- lien waivers in Texas must also be in writing, and they must comply with statutory form to be effective. zlien has free forms for Texas lien waivers which can be found here, and FAQs on Texas lien waivers which can help claimants educate themselves on Texas waivers.