In the state of Texas the release of lien must be filed within 10 days of satisfaction. Is this calendar days or business days?
1 reply
Mar 12, 2020
Once a Texas mechanics lien has been satisfied, an owner or their contractor may provide a written request to the lien claimant to release their lien. And, under § 53-152 of the Texas Property Code, the lien claimant must provide a release of lien within 10 days of receiving that notice.
Notably, the claimant doesn't necessarily have to record the lien release. Rather, they must simply provide the release to the party who requested it. Often, that's how a lien release will be undertaken - by the claimant providing the release to the owner or GC, then the owner or GC filing it themselves.
Regarding whether it's business or calendar days - it seems as though the statute is referring to calendar days. The Texas Property Code indicates when it is referring to business days by designating it with the term "business day," while other time periods are simply described as "days."
For more information on lien releases: (1) Lien Release Guide, Forms, & Resources; and (2) Construction Lien Release Process: the Timeline is Tricky.