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Next Steps with an attorney

TexasMechanics Lien

We need to send a letter to a homeowner who we already put a lien on the property and now we need a lawyer to next step.

3 replies

Aug 3, 2022

If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records. 

You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

You should consider preparing a letter to mail by certified mail, return receipt requested, to the owner to set out the facts and to demand the relief that you want. Make sure that your letter is professional and business like as it may be evidence later.

If need be, consider filing suit in small claims court (assuming that your claim is less than $20,000), using your letter as evidence.

Good luck.

Aug 3, 2022

We completed part of the work and even took off some of the items from our contract and showed her the dicounted price after removing items we did not complete. We filed a demand letter first waited the obligatory 30 days and then filed for a Lien. We did everythig Level set said we should do. Then the one year is approaching for the lien and she has not paid.  

Aug 5, 2022
Review validity of lien and then file suit to collect money and foreclose the lien

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