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What is the correct lien release request form for a mechanic's, materialmen's and constitutional lien in Texas?

TexasLien Releases

My HVAC company filed a mechanic's, materialmen's and constitutional lien on a property of mine. I didn't know I had an additional payment due, and the notices they sent were to an old address. They finally sent me an email about it, so I mailed the check out but they filed the lien before it arrived. The check has since been cashed and they are paid in full but I have this property on the market and need to get the lien removed before it scares off any potential buyers. I know Texas has specific wording and steps that need to be taken, and I want to be sure that I get this removed correctly. Thanks!

2 replies

Sep 1, 2020
No problem. The requirements for a Texas lien release are found under Tex. Prop. Code §53-152. You simply need to send a letter to the lien claimant requesting the removal of the lien, which they are required to do within 10 days after receipt of the request. You should include a Texas lien release form, which needs to be signed and notarized by the claimant. It will then the claimant's responsibility to file the release in the county clerk's office where the lien claim was initially filed.
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Sep 3, 2020

Hello!

The lien release you are looking for is called: Unconditional Waiver and Release on Final Payment.

You can find a PDF copy of one somewhere on the internet (Texas specific), Levelset can help you with one, or you can find an attorney. Once you have a copy, send it to them to have it filled, signed, and notarized, then you file it with the Property Records division of whatever County you are in.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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