Menu
Home>Levelset Community>Legal Help>Is there a statue of limitation on this lien and how does the homeowner go about getting the lien removed?

Is there a statue of limitation on this lien and how does the homeowner go about getting the lien removed?

TexasLien Releases
Anonymous Contractor

In Texas, a subcontractor lien was placed on a house in Jan of 2017 alleging the contractor had not paid the subcontactor. The lien was never answered and the contractor went bankrupt in 2017. the subcontractor has not replied to mail or phone inquiries by the homeowner. Is there a statue of limitation on this lien and how does the homeowner go about getting the lien removed?

1 reply

Legal Guard
Ben House
Construction Lawyer
Legal GuardLegal Guard Lawyer
Attorney at House Perron & House Pllc
| 52 reviews
May 20, 2020
Yes there is a statute of limitations on residential construction liens, and it has expired. The contractor's bankruptcy unfortunately does not automatically dissolve the lien. Depending on where the company is with regard to its bankruptcy, your attorney may be able to contact the trustee and resolve the lien issue without the need to file suit. Alternatively, if the bankruptcy is closed, you will need to file a new lawsuit to have the lien removed. In all likelihood, the bankrupt business will not answer the suit, resulting in a "default" judgment in your favor which will serve to release the lien when filed with the real property records connected to your home. Please feel free to contact me directly if you would like to get this process started or learn more about how this works. 281-762-1377
NOTICE: The advice provided above is of a general nature only and should not be relied upon under specific circumstances without first retaining an attorney
and having your legal issues reviewed in detail. Ben House and the law firm of House Perron & House PLLC are not agents, contractors, or employSee More...See More...
0 people found this helpful
Helpful
Other questions about Lien Releases in Texas
1 answer
4 answers
2 answers
Related Topics
Back ChargesBankruptcyBond ClaimsBonding Off LienCanadaCash FlowChange OrdersCollectionsConstruction AccountingConstruction ContractCoronavirusCredit ManagementDefectsDesign ProfessionalFactoringForeclosureJoint ChecksLawsuitLegal Property DescriptionLicensesLien DeadlinesLien ForeclosureLien on FundsLien PriorityLien ReleasesLien WaiversMechanics LienMiller ActMonthly NoticeNotice of CommencementNotice of CompletionNotice of Intent to LienNotice of TerminationPay ApplicationsPay When PaidPayment BondPayment DisputesPerformance BondPreliminary NoticePrevailing WagesPrompt PaymentRecovery OptionsRetainageRight to LienSchedule of ValuesSlow PaymentStimulusStop NoticeSubstantial CompletionPayment AcademyCapitalInsuranceMaterialsFinancing