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property has been sold since a lien was originally recorded. Can we update the line to include the owner

Texas

it looks like this property has been sold since this lien was originally recorded. It was sold to SLP-90A, Ltd near the end of 2018. That is when we filed the original lien. We then updated the lien again in August of 2020 and found out about the new owner (which is really the old owner just in a different form). We have correspondence indicating the owner knows we were doing work. What are our alternatives and can we update the lien to include the new "owner"?

1 reply

Oct 8, 2020

Based on the timeline you've described, it is very possible that the statute of limitations to foreclose (i.e. file suit) on the lien has passed. I suggest you look into this with an attorney immeidately to preserve any rights you may have if possible. Often owners will wait out liens and then have them removed following the expiration of limiations. I can't be sure of the effect of your "renewal" of the lien in 2020 on the statute of limiations, if any. I certainly suggest that you err on the side of caution. 

I'm an attorney that pursues claims like this. Feel free to reach me directly, but regardless, please contact an attorney as soon as possible. 

Very best,

Ben House, Partner

House Perron & House PLLC

281-762-1377

ben@houseperron.com

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