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What are the notice requirements for Residential Homestead Lein in Texas

We completed work on a Residential Homestead in Texas, we are the primary GC and was contracted by the Home Owner. The job completed on 3/14/20. We mailed one letter dated 4/15 regular mail. What are notice requirements and timing before filing a lien. Does your service handle the notice requirements or jsut filing the lien.

1 reply

May 7, 2020

Texas homestead projects have complex requirements. First, there must be a written contract for the work - and it must have been executed before the work began. Plus, if the property is owned by a married couple, both spouses must have signed the contract for mechanics lien rights to arise. Finally, the contract must also be filed with the county recorder before a mechanics lien can be filed. Levelset breaks that down in further detail here: Texas Homestead Requirements. In addition to the above, Texas GC's working on residential projects will need to send a Residential Disclosure Statement. However, while that notice is required, it doesn't look like the failure to provide it will ruin lien rights. Finally, keep in mind that Texas GC's are also entitled to "constitutional liens" - and it may be possible to secure a constitutional lien even if all the steps for filing a mechanics lien weren't followed. More discussion on that, here: Texas Constitutional Lien Rights/Process. As for Levelset's services - Levelset customers use the platform to send notices and other documents, and they get help with filing mechanics liens too. For more information on the platform, you can contact Levelset representatives here.

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