Here are some basics

Posted by Bob3 (68.95.225.5) on August 10, 2004 at 03:40:28:

In Reply to: bob 3/question for alias post below posted by catb on August 09, 2004 at 21:28:54:

I have not read the whole thread, but here are some basics. This is not legal advice, retain a lawyer.

Seems like certain time limits for filing papers and then foreclosing are required.

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PROPERTY CODE
CHAPTER 53. MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN

SUBCHAPTER C. PROCEDURE FOR PERFECTING LIEN[0]

§ 53.051. NECESSARY PROCEDURES. To perfect the lien, a person must comply with this subchapter.

§ 53.052. FILING OF AFFIDAVIT. (a) Except as provided by Subsection (b), the person claiming the lien must file an affidavit with the county clerk of the county in which the property is located or into which the railroad extends not later than the 15th day of the fourth calendar month after the day on which the
indebtedness accrues.
(b) A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which the indebtedness accrues.
(Bob: this is typically when work is completed)
(c) The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner. Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien.

§ 53.055. NOTICE OF FILED AFFIDAVIT. (a) A person who files an affidavit must send a copy of the affidavit by registered or certified mail to the owner or reputed owner at the owner's last
known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk.

§ 53.154. FORECLOSURE. A mechanic's lien may be foreclosed only on judgment of a court of competent jurisdiction foreclosing the lien and ordering the sale of the property subject to the lien.

§ 53.158. PERIOD FOR BRINGING SUIT TO FORECLOSE
LIEN[0]. (a) Except as provided by Subsection (b), suit must be brought to foreclose the lien within two years after the last day a claimant may file the lien affidavit under Section 53.052 or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed,
whichever is later.
(b) For a claim arising from a residential construction project, suit must be brought to foreclose the lien within one year
after the last day a claimant may file a lien affidavit under Section 53.052 or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.

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