PHAM & CLOVES, PLLC

Mechanic’s and Materialman’s Liens on Texas Homestead Property

There are only a few ways to lose your homestead property in Texas. One of those ways is not to pay the contractor that completed the work on your house. The Texas Constitution allows an original contractor (general contractor) to fix a lien on your residential homestead property under certain conditions. By properly fixing a lien on your property, the contractor can seek the property to be sold at auction and recoup the unpaid balance from the proceeds of the sale. However, forcing the sale of a residence is not simple, but requires the contractor to complete several tasks prior to perfecting the lien.

Texas Property Code §53.254 sets forth the requirements for a lien to be fixed on a residential property. First, the residential construction contract must be signed by the relevant parties before the work or labor is furnished. Second, if the homeowner is married, the contract must be signed by both parties. Next, the contract must be filed in the county court records in the county in which the real property lies. This can be done along with filing of the lien affidavit that is necessary for perfecting the lien.

If the person filing the lien affidavit is a subcontractor, special notice must be given to the homeowner. See Tex. Prop. Code §53.254(g).

Subcontractors have different notice requirements than original contractors. In order to perfect a lien on a residential property, a subcontractor must give the homeowner notice of the unpaid balance on or before the 15^th day of the second month after completion of the job. The lien affidavit must be filed on or before the 15^th day of the third month following job completion. The notice by the subcontractor must have the specific language set out in Tex. Prop. Code §53.254(g).

As you can see, fixing a lien on a residential homestead property is complex and exacting. Unless the statute is complied with, a lien can be determined to be invalid and the party fixing the lien can be responsible for the homeowner’s attorney fees and costs to have the lien removed. If you have had a lien placed on your homestead or have been threatened with one, contact a Veritas Legal Group, PC Mechanic’s and Materialman’s Lien Attorney to discuss the facts surrounding your case. You may contact a Houston Mechanic’s lien lawyer by calling 713-492-0337. Or, just simply fill out our online contact form and Houston Materialman’s Lien Attorney will contact you within 24 hours to discuss your case.