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Mechanic's Liens

Mechanic's Lien Affidavit - Texas
[Tex. Prop. Code 53.054 and 53.055 - Certified or Registered Mail]

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WARNING: This form is for Texas based projects only,
and may not meet the requirements of other states.
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AFFIDAVIT FOR MECHANIC'S LIEN

1. Statement of the claim, including Amount: Claimant is [Name of claimant] ("Claimant) who is the holder of a claim against [Name of party who owes debt] for labor and/or materials provided in connection with improvements to the premises described below. After allowing all just credits, offsets, and payments, the amount of $__________ remains unpaid and is due and owing to Claimant. Claimant, claims a lien on the below described property and improvements to secure payment of said amount.

2. Name and address of the owner or reputed owner of property upon which improvements have been constructed and upon which a lien is claimed is: [Name and address of owner].

3. General statement of the kind of work done or materials furnished by claimant: Pursuant to a contract by and between Claimant and [Party indebted to claimant], Claimant performed labor and furnished materials to improve real property described below. The labor, materials, and work furnished by Claimant is generally described as follows: [Describe work and material provided]. [If debt is owed by party other than the owner, then add: "The month and dates on which the work was done and materials were furnished is [describe] or ["set forth on the attached invoices and statements"].

4. Name and address of the party or person by whom the claimant was employed or to whom the claimant furnished the materials or labor: [Name of party indebted to claimant].

5. Name and address of original contractor: [Name and address of original contractor].

6. Description, legally sufficient for identification, of the property sought to be charged with lien: The real property sought to be charged with a lien by Claimant is described as follows:

[Include address and legal description: e.g. Lot 1, Block 1,
_______________ Subdivision, _______ Town, ________County, Texas]
[An aid in finding the legal description can be found through
various appraisal districts. However, these descriptions frequently are
incomplete. See: http://www.txcountydata.com/links.asp ]

7. Claimant's business address: [Address of claiman - If physical address is different, also include the physical address].

8. Dates of notice and method of giving notice to the the owner and original contractor: [Required only for claimants other than the original contractor] [Example: "Notices of the claim were given to the owner and original contractor by certified mail, return receipt requested on the dates in the attached copies of claim letters which are made a part of this affidavit."]

[Name of claimant company]



By: ___________________
[Name and title]

STATE OF TEXAS

COUNTY OF ______________

On this date appeared ____________, who by me being duly sworn, states that he is the [Title of Claimant name, if other than person signing,] the claiment named in the foregoing affidavit, that he has read the foregoing affidavit and has signed the same [If other than claimant: "in behalf of ________], and that within his knowledge, the facts set out therein are true.


____________________
[Name of person signing affidavit]

SUBSCRIBED AND SWORN TO BEFORE ME on this ___________, 20___, by ______ [Name of person signing affidavit].

__________________________
NOTARY PUBLIC, STATE OF TEXAS

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STATUTORY SOURCES

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.

(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.

(b)If the person is not an original contractor, the person must alsend a copy of the affidavit to the original contractor at the original contractor's last known business or residence address within the same period.
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NOTE:The foregoing form and information comes from statutes applicable to only non-public projects, and might not apply to improvements to homesteads. The information is intended as a tool only, and is not to be interpreted as creating an attorney-client relationship or giving legal advice. To be certain that you are taking proper steps to protect your lien rights, you should consult your attorney.

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