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Is there any way to remove an invalid mechanic's lien easily in Texas?

Anonymous Contractor

A man I know filed a mechanic's lien on a house I remodeled and eventually sold. He had no contract with me, provided no materials and provided no labor. He is not a contractor. He was just trying to blackmail me into paying him, because he knew I had to sell the house. I ended up purchasing a bond (for $57,000) to remove the lien from the property so I could sell it. Is there any way to remove the underlying mechanic's lien aside from suing him? I know I can sue him and then file a summary motion to remove the invalid lien, but I have a feeling that will cost a lot, and will take about 3 months for the money to be released to me.

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Aug 13, 2020

First, note that bonding off a mechanics lien serves to cancel the filed lien. That mechanics lien will no longer be effective against the property title, and if the claimant still wants to pursue recovery, they'll have to file a lawsuit against the surety bond. With that being said, if the owner incurs serious expenses bonding off a bogus lien claim, they may want to pursue damages, etc. from the claimant.

Penalties for fraudulent Texas mechanics liens

If the filed lien is completely baseless, then that person has likely opened themselves up to serious liability. 12.002 of the Texas Civil Practice & Remedies Code states that a party who's filed a mechanics lien with the intent to defraud will be liable for: (1) ether (A) $10,000; or (2) the actual damages caused by the violation (whichever is mre); (2) court costs; (3) attorney fees; and (4) damages. So, if you opt to pursue claims against the lien claimant, they could be on the hook for quite a bit.

Threatening legal claims could force the claimant to release their claim

Having a claimant release their own lien is the fastest and cheapest option for getting the lien removed. Most claimants won't want to do that, but if facing a mountain of legal fees, damages, and penalties, they might rescind their fraudulent claim. Simply threatening to pursue legal claims could force the claimant to rethink their claim. They might prefer to avoid the legal claims altogether and release the claim on their own. And, having that release in hand could help to get some of your money back from securing the bond.

Additional resources

This article might also be helpful for determining how to proceed: A Mechanics Lien Was Filed on My Property – What Do I Do Now? If you do decide to pursue legal claims, you can begin the search for an attorney here: Top Texas Construction Lawyers.

The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not
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