Release Of Lien Texas

Release Of Lien On Real Property

Release Of Lien Texas Form

To show that a lien has officially been removed on a property, you have to file a document called a “lien release” in the real property records of the county where the property is located.  A release of lien simply means removing the lien claim from a specific property.

A release of lien is supposed to happen once full payment has been released. But sometimes contractors fail to release a lien forcing the property owner to file a lawsuit.  The reason for this is that it is difficult for the owner of the property to sell or refinance it if records show the property has a lien on it. To learn more about a release of lien Texas contact an experienced real estate lawyer near you.

Process Of Lien Release or Removal

Partial Release Of Lien Texas Form

Release Of Lien TexasFirst, you need to contact your judgment creditor or its attorneys to inform them that the lien showing against your property is invalid. Then make a formal demand for the lien to be removed or else you will take legal action.  Most of the time the creditor responds by signing a partial release but some creditors may ignore your demands.

An experienced Texas real estate lawyer can send the explanatory demand letter with a partial release attached for the creditor to sign.  Only rely on an experienced lawyer to draft a credible statutory release because a badly drafted document may cause a creditor not to sign the partial release or the title company may reject it.

Types Of Liens That Can Be Released

Types Of Liens In Texas

You can release the following types of liens:

  • Fraudulent liens: If a lien or claim on a property is proven to be fraudulent, the aggrieved person can file a lawsuit to have it removed. Or the county clerk and the district attorney can work together to prevent a fraudulent claim from being filed.
  • Judgment liens against a homestead:  This is a lien placed by a court on a debtor’s homestead to ensure the debtor pays back the money they owe a creditor. There are complex steps the creditor must take for a lien to be placed on the debtor’s property.
  • Child support liens:  An obligor can file an affidavit for the release of a lien against that obligor’s estate. A child support lien is normally lodged against an obligor’s home as a remedy for the “obligee” in case the obligor fails to make child support payments.
  • Invalid mechanic’s and the materialman’s liens:  A mechanic’s lien helps secure payment for construction workers, contractors, and suppliers. If a supplier of materials or a laborer files a mechanic’s lien, they acquire a claim to the property if any payment issues arise.

Mechanic’s liens can only be enforced after the lienholder files a lawsuit and proves that they performed the labor and never received payment.

Why You Need A Lawyer

Release Of Lien Form PDF

When there is a lien placed against your property, you cannot sell, mortgage or remortgage your property.  This can be frustrating especially if you have already paid what you owe to the lienholder or if the lien was fraudulent in the first place. A real estate lawyer can help you easily navigate the complex lien removal process.

Your lawyer can also identify whether the lien is valid or not and find out if the lien that is clouding your property can be removed without payment.

You May Also Be Interested In…

  1. Why Changes Were Made To Executory Contract Laws?
  2. What Is A Warranty Deed?
  3. What Does The Law Say About Lis Pendens?

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