We completed a water mitigation job. At the time of services, the home was in 'Patty Smith' (made up names) name. We did not collect payment and filed a lien on the home. Her ex husband called and advised she has been incarcerated and she did not have the right to sign for services. After further review, the titled owner changed to 'Patty & Rex Smith'. Will our lien that was filed after the name change stand?
You really should retain a construction attorney to evaluate your situation and to provide advice. If the home was the owner's homestead, you would have had to comply with all the requirements of Texas Property Code sections 53.254, et seq., which does not usually happen.
If you have filed an invalid lien, you could have violated the Texas Fraudulent Lien Act, which can impose statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.
Incidentally, the inception date (effective date) of a mechanic's lien is when the construction work began. So, subsequent owners would take title subject to a mechanic's lien which was later filed to reflect the beginning of the project.
Good luck.
No. This is a HOMESTEAD and you needed both H & W to sign your contract.
However you can still sue and get a judgment.