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What recourse do I have in order to get paid?

TexasLawsuitLien ForeclosureMechanics LienRecovery Options

I filed a lien on 9/14/17 and the homeowner was able to close on his house this week

1 reply

Oct 12, 2017
If an otherwise valid lien was filed prior to the closing and the title company just overlooked it, a lien claimant is generally allowed to proceed as s/he otherwise would, and could file an enforcement/foreclosure action against the property.

In a successful suit, the new owner would be forced to pay (or the property would be sold) to satisfy the claim. However, the new property owner would likely have a claim against the title insurance company (and the previous owner), and would bring those parties into the suit - where they may be forced to pay instead of the current property owner.
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