A new residential project the general contractor was in breach of contract. All of the subcontractors suppliers etc. were paid with the exception of the GC. The GC attached a lien to the property aprox. 20 yrs ago. Is the lien Enforceable?
The lien would not be enforceable under Texas law. If the lien is a statutory lien filed pursuant to Chapter 53 of the Texas Property Code, the GC would have to move for foreclosure on the lien usually about a year after filing (the statute's language is a bit more convoluted and provides for a few different applicable dates, but you don't have to worry about that here). The lien itself is not enforceable, but if you ever go to refinance your property or sell it, the financial institution or the title company will very likely want the lien removed (i.e. pay it off).
The other way you can have the lien extinguished is by filing a lawsuit against the GC and seek a judgment from the Court extinguishing the lien. The order is the filed with the county property records office, which releases the lien rights and clears title. My firm has handled many of these types of cases, and I'm happy to discuss more specifics with you if you'd care to.
Feel free to give me a call, text, or email to discuss more. I look forward to hearing from you.
Sincerely,
Martin C. Law, Partner
Patout | Law, PLLC
P: (346) 327-2501 | E: mlaw@patoutlaw.com