Menu

Remove lien

TexasConstruction Contract

Owner of property who has paid lien, and contractor won’t remove lien.

3 replies

Aug 25, 2022
If you can provide written documentation that you have in fact fully paid the amount due, then you do have a right to have be provided what is called a "Release of Lien signed by the contractor which can be filed in the same records that the lien was filed in and that will provide public information that you have paid off the amount due upon which the lien filing was based and the lien will no longer affect the title to the subject property. From that starting point you would normally obtain the Release of Lien simultaneously to when you paid the amount due. If that did not occur, then your next step would be to present the contractor with a Release of Lien to sign and make written demand that the contractor sign the release and return it to you for filing. After doing that and if you still are not provided the Release of Lien signed by the contractor, then you can file a lawsuit in Court requesting that the Court order the contractor sign the release. Based on the story you are telling at least , you need to find a licensed attorney to help you KELLEY WHALEN Law Offices of Kelley F. Whalen, P.C. kfwlaw@gmail.com Phone: 512-930-7369 https://kelleyfwhalenlaw.com/ This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on this site are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
0 people found this helpful
Helpful
Aug 26, 2022

You have not provided enough information to evaluate your legal situation. Is the property at issue residential or commercial? If the property is residential, is it someone's homestead (meaning the owner resides there)? 

You really should retain a construction attorney to review and evaluate your legal position based on the contract, factual circumstances, 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 see what your rights are under the circumstances, and whether the contractor has even filed a proper lien.

Filing an invalid lien or refusing to release a lien that has been satisfied could subject the lien filer to liability under the Texas Fraudulent Lien Act, and the filer could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. 

Typically, when I am involved in such a situation, I prepare a Release of Lien for the contractor to sign, along with a demand letter to the contractor demanding that the contractor release the lien. If the contractor fails to do so, or ignores the request, the owner is in a better position to secure relief under the Fraudulent Lien Act.

Good luck.

0 people found this helpful
Helpful
Aug 29, 2022

File suit to remove lien in a summary proceeding.

Make written demand first and tender a release in a recordable form to be signed. IF not then file the proceeding

0 people found this helpful
Helpful