My question relates to the impact of TX Constitution Art 16, Sect. 50(a)(5)(C)’s impact on filing a mechanics lien in TX
Hello, I have a question regarding the validity of a TX mechanic’s lien in light of the TX Constitution Art. 16, Sect. 10(a)(6) requirements. I am trying to decide whether my contractor-client can in good faith file an Affidavit for mechanic’s lien, when his underlying contract does not comply with the Texas Constitution (see above cite). The TX Constitution seems to prohibit a lien against a residential homestead if various requirements are not met (like both spouses must sign). In particular, Sect. 50(5)(C) requires the notice of 3 day rescission (which seems an overriding federal requirement) (only exception is immediate health and safety issue). Does your legal team have any comment on whether these requirements, if absent in a contract, would mean that my guy should not even file a Mechanic’s lien affidavit because there are penalties to claiming one has a lien when one really doesn’t. Thank you.