There is a mechanics lien on my home file May 2012 and never removed. The contractor was replaced by another contractor. I paid the contractor for material and labor cost for the partial job. It has been 9 years and I was in the middle of a HELOC application where this issue was brought to my attention. Nine years and no action. Do I need a lawyer or is their something I can file to have this removed? I'm located in Dallas Texas
Hello,
You can, technically, do this yourself. To do so, you want to:
1. File an original petition in Dallas County District Court. DO NOT file into County or Small Claims. DISTRICT Court has original jurisdiction over these matters. Your petition must contain a declaratory action to have the lien declared invalid as a matter of law. Your defendant is going to be the construction company listed on the lien. If they are still in business, have them served. If they are not in business, you will need to file a motion substituted service by publication. Once you have them "served", if they do not answer in the alloted timeframe, move for default judgment. If someone does file an answer, move for summary judgment. In either event, your goal is to show the court that the lien was placed in 2012, no action was taken on it within the statutory timeframes, and therefore the lien is no longer valid or actionable.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
Mr. Cartwright's response is completely correct, but I would advise strongly against attempting this process yourself. Instead, call around until you find a lawyer you are comfortable with who will knock this lien out for a reasonable rate. I strongly suspect it would be much cheaper than getting stuck somewhere along the process, or even denied by the court, and asking an attorney to help shore up the case post-filing.
Very best,
Ben House
281-762-1377
ben@houseperron.com