How to remove invalid lien on property in Texas
The lien laws in Texas are complex, and because of those complexities, contractors, subcontractors, suppliers, and others may sometimes file a mechanic’s lien that is not valid. Obviously, a lien being filed on your home/property can be overwhelming and cause great financial harm to both you and your home/property. The question then become whether you have a basis to challenge and remove the lien.
Some of the reasons a mechanic’s lien may be invalid, and therefore subject to challenge, may include the following:
(1) Lien Claimant’s failure to include required statutory language in the notice of intent to file lien;
(2) Lien Claimant’s failure to serve or timely serve required preliminary notices;
(3) Lien Claimant’s failure to timely serve and/or record their lien affidavit;
(4) Lien Claimant’s failure to follow homestead requirements, as set forth in Texas statutes;
(5) Lien Claimant’s failure to include all necessary and required information in their lien affidavit; and
(6) Lien Claimant’s failure to timely foreclose on their lien.
Assuming that a valid basis exists to challenge the lien, an owner may send the lienor a demand to remove the lien. If the lienor fails and/or refuses to remove the lien, the owner can then file a formal lawsuit to remove the lien. As part of the lawsuit, a summary motion to remove the lien is filed, which, if granted by the Court, would entitle the owner to not only the removal of the lien but also the recovery of their attorneys’ fees and costs to remove the lien. In addition, if it can be shown that the lien claimant knowingly filed an invalid lien with the intent to cause harm, then the Court may award a minimum $10,000.00 in sanctions or actual damages.