Posted in Blog  
  on Mar 24, 2015

How To File a Lien in Texas

To file a lien in Texas, the filing officer will require specific forms that are provided by the Secretary of State. Any non-approved form used to file a lien will be automatically rejected. Fill in every area of the form that has been provided and then submit it to the filing office of record for the lien, which is the country where the property will be held. When accepted, the filing officer will stamp the time, their name, and send a letter to the lien holder.


Do You Qualify to File a Lien?

Depending on the type of lien that needs to be filed, the statute of limitations to submit the paperwork can be very slim. Specially fabricate materials qualify for liens in Texas, but the original fabricator of the work must submit their initial notice for the lien before the 15th day of the second month from when the order was placed. The affidavit for the lien must then be submitted before the 15th day of the fourth month after the materials were delivered or the contract breached. That is also the timing of all other first- and second-tier liens that are filed in Texas. The preliminary initial notice of the lien must be sent before the 15th day of the second month when the contract has been breached. If the breach occurs on January 30, then the preliminary notice must be issued by March 14 or earlier. Missing the deadline will mean the lien cannot be filed. If lien waivers have been signed for a project, then even if the contract has been breached, a lien cannot become a payment remedy.


Copies of the Affidavit Must Be Sent to Owners

Once the affidavit has been filed and considered acceptable, copies of it must be sent out to the property owner on record and the original contractor if it is a first- or second-tier contractor who is filing the lien. These would be the subcontractors or the sub-subcontractors that are involved with a project. Use the forms from the State of Texas and file before the deadlines to make sure your preliminary notices and affidavits are filed on time. In doing so, you'll know how to file a lien in Texas.


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