For a non-residential construction project in TX, does a mechanics lien Claimant need to file a lien release after being paid in full by the Buyer/Owner, or is sending a lien release document to the Buyer/Owner sufficient? What is typically done?
Texas Property Code, Section 53.151, states that "When a debt for labor or materials is satisfied or paid by collected funds, the person who furnished the labor or materials shall, not later than the 10th day after the date of receipt of a written request, furnish to the requesting person a release of the indebtedness and any lien claimed, to the extent of the indebtedness paid. . . ."
I interpret this section to mean that the claimanat is only required to send the release to the property owner, but there is no requirement for the claimant to file the release.
With that said, I typically advise my clients to send the release to the property owner, and then file the release to avoid any fradulent lien claims.
If you would like to discuss further, please contact me on my direct line (214-220-5235)
Complete notarize and send the lien release to the Owner/contractor
They will file it