Home>Levelset Community>Legal Help>Can I get a 9 year old lien removed?

Can I get a 9 year old lien removed?

I live in Tex. I had a contractor back in 2007 damage the material before he brought it out to be installed. it was still installed. Also he did not go by the plans/blueprints so the city shut down the job. To say the least it was a disaster. I told him I would not pay him for this. About 6 months pasts and he had filed a mechanics lien on my property while I was out of the country. When I returned, I had my attorney send him a letter saying we were going to court. He sent me a letter saying that he would remove the lien. So I took his word he would do it. I have since lost the letter. The lien is still recorded on my property 9 years later. Can I and if, how can I file a removal action?

1 reply

Aug 24, 2017

Hi, thanks for the question. That sounds like a frustrating situation, and a mess to deal with.

Texas property code §53-157. "Discharge of Lien" status that a "mechanic’s lien or affidavit claiming a mechanic’s lien . . . may be discharged of record by . . . 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"

All of the referenced periods in which a foreclosure action must be filed are well shorter than 9 years - so the lien is unenforceable and can be released and discharged of record pursuant to the foregoing without needing to show the letter evidencing the contractor's agreement to release the lien. 9 years is too long to have the lien on record - it's time to file for its discharge.

0 people found this helpful

Helpful