We had a contractor put a mechanics lien on our homestead property back in Sept 2016. There was no contract between us (so none file with the county either) and he filed a lien with invoices. NO action has been taken since from either party. We are currently in the process of selling our house and under contract to close on Aug 5th. The contractor will not respond to demands to release the lien. The title company wants to pay the contractor with proceeds from the sale even though the lien in invalid, unenforceable and expired.
One way to get around the lien claim is to "bond" around it - essentially having a bonding company put the money up front and hold it, and filing the bond with the property records. if the Title Company is willing to accept a bond in lieu of a release, then this should allow the sale to move forward. You would then need to sue the contractor and seek a declaration from a court of competent jurisdiction that the lien is invalid. You are able to recover your reasonable and necessary attorneys' fees in such an action under Chapter 53 of the Texas Property Code.
Feel free to give me a call, email, or text on my direct line to discuss further how I may be able to help. I look forward to hearing from you.
Sincerely,
Martin C. Law, Partner
Patout | Law, PLLC
5850 San Felipe, Suite 500
Houston, Texas 77057
P: (346) 888-4730 | D: (346) 327-2501
F: (346) 327-2510 | E: mlaw@patoutlaw.com
W: www.patoutlaw.com