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What is the time frame to file a a mechanics lien on a residential property in Texas?

The homeowner was in contact up until one week before I sent the intent to lien on 9/12/18. We sent it certified mail and it was signed for on 9/14 after attempts to deliver were unsuccessful due to no one on site to sign. Is it too late to file a mechanics lien? This is in Texas and the laws governing this situation are confusing. Thank you, Dustin

1 reply

Oct 18, 2018

It is definitely true that the Texas mechanics lien and notice laws are complex and confusing. They can be even more complex when the project is the improvement of a homestead (an owner-occupied residence is generally a homestead). In the event a project takes place on homestead property, there are some prerequisites for a lien o be available. The contract between the property owner(s) and the direct contractor must be in writing, signed prior to work beginning (by both spouses if the owner is married), and filed with the county recorder. If any of the above perquisites are not met there can be no lien on the project.

If a lien is an available remedy, the deadlines are as follows. The lien itself must be filed by the 15th day of the 3rd month after the last month in which the claimant furnished labor or material to the project. So, if work was last performed in September, the deadline to file a lien would be December 15th.

Note, however, that lien claimant other than direct contractors must provide "monthly" notices in order to remain qualified for lien protection. For residential projects, a potential claimant who did not contract directly with the property owner must send a notice by the 15th day of the 2nd month after each month in which s/he furnished labor and materials for which s/he remains unpaid. So work done in August would need to have a notice provided by October, and so on for each month labor or materials were furnished and unpaid.

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