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Mechanics Lien Expire ?

Discussion in 'Buying & Selling a Home or Residence' started by Adriana, Feb 24, 2020.

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  1. Adriana

    Adriana Law Topic Starter New Member

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    Jurisdiction:
    Texas
    If a contractor placed a mechanic’s lien on a property years ago, but never filed a lawsuit, does the lien automatically expire?
    When does the lien expire ?
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Sec. 53.157. DISCHARGE OF LIEN. A mechanic's lien or affidavit claiming a mechanic's lien filed under Section 53.052 may be discharged of record by:

    (1) recording a lien release signed by the claimant under Section 53.152;

    (2) failing to institute suit to foreclose the lien in the county in which the property is located within the period prescribed by Section 53.158, 53.175, or 53.208;

    (3) recording the original or certified copy of a final judgment or decree of a court of competent jurisdiction providing for the discharge;

    (4) filing the bond and notice in compliance with Subchapter H;

    (5) filing the bond in compliance with Subchapter I; or

    (6) recording a certified copy of the order removing the lien under Section 53.160 and a certificate from the clerk of the court that states that no bond or deposit as described by Section 53.161 was filed by the claimant within 30 days after the date the order was entered.


    Sec. 53.158. PERIOD FOR BRINGING SUIT TO FORECLOSE LIEN. (a) Except as provided by Subsection (b), suit must be brought to foreclose the lien within two years after the last day a claimant may file the lien affidavit under Section 53.052 or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.

    (b) For a claim arising from a residential construction project, suit must be brought to foreclose the lien within one year after the last day a claimant may file a lien affidavit under Section 53.052 or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.
     
  3. Adriana

    Adriana Law Topic Starter New Member

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    Thank you for that revert. This makes things much simpler.
     
  4. adjusterjack

    adjusterjack Super Moderator

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  5. army judge

    army judge Super Moderator

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    Our Texas Constitution ensures that a lien can't oust you from your "homestead" as the law allows a homestead exemption. I won't bore you with protection for mules, horses, etc...

    However, until the lien has been cleared by payment or bankruptcy it'll damage your FICO and if you ever sell the home (a lien can cause some potential buyers to shy away) the lien will get paid out of your sale proceeds.

    If you just don't have the money to pay the lien, assuming you owe the debt, rest assured your home can't be sold to satisfy the lien leaving you homeless.

    I hope you get it sorted so your life and finances can return to normal one day soon.
     

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