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Can I file a consensual lien againt a homeowner's property?

Texas

I'm a roofing contractor and I want to offer in house financing to my clients for their roofing needs however I want to ensure I will be paid. I don't want to place mechanics liens as that could negatively affect their credit. In return for offering financing terms, I'd like to file a consensual lien against the property. Will implementing this type of strategy work? Thank you in advance!

2 replies

Sep 27, 2019
Great question and we assist roofing contractors with this issue all of the time. First, as a direct contractor (someone hired by the property owner), you already have a self executed Texas Constitutional lien without even having to file a lien affidavit against the property.  As such, even if you are not paid, you are still protected by this type of lien unless the property is sold to a good faith purchaser (someone who is unaware of the debt) before the debt is paid.  Even with that said, it is always good practice to record a Constitutional lien affidavit.  Second, if you are not paid at the end of the project, you could still record a statutory lien against the property as long as you do so within the statutory deadline (15th day of the third month from completion of the project).  Now with that said, we typically handle this type of situation, wherein the contractor is essentially financing the work, by creating a promissory note in your favor, signed by the property owner, and secured by a second deed of trust that we record against the property and release when all money has been paid. We also include a supporting provision in your contract with the property owner.  Last, always keep in mind that in Texas, you cannot record a mechanic's lien against a residential homestead property unless you have a signed contractor with the property owner, and if a married couple, then both have to sign the contract before any work commences.  Please call us at 817 442-5106 if you would like to discuss further or if we can assist you.  We (Lovein Ribman) are a Texas statewide construction law firm led by Board Certified construction lawyers. Thank you.
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May 21, 2020
I'm selling my mobile home and I'm only being paid half of my asking price and the rest in payments. Is a notarized and signed document saying that buyer will make monthly payments enough to protect me? What are my options and what would you charge to help me?
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