If a copy of the affidavit is sent to the owner via email instead of certified mail does it count as proper notice?
1 reply
Dec 18, 2019
Texas, like every state, has strict requirements with respect to claiming a valid mechanics lien. One of the requirements is that a copy of the lien affidavit must be sent to the property owner and the prime contractor not later than the 5th business day after the lien has been filed with the clerk. It is acceptable to send the notice to the owner and prime contractor contemporaneously with, or before, the filing of the notice.
This rule is set forth by § 53-055. Notice of Filed Affidavit which states:
"(a) A person who files an affidavit must send a copy of the affidavit by registered or certified mail to the owner or reputed owner at the owner’s last known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk.
(b) If the person is not an original contractor, the person must also send a copy of the affidavit to the original contractor at the original contractor’s last known business or residence address within the same period."
This makes it clear that the copy of the affidavit must be sent by registered or certified mail in order to be compliant with the statutory requirements. While there can always be arguments made with respect to the property owner receiving "actual notice" such that the lien should be sufficient, strict compliance with the statutory provisions is general required to enforce a mechanics lien.