How to Remove a Mechanic's Lien From a Residence in the State of Texas

Mechanics' liens exist to help protect the interests of contractors who have worked to improve a residence but have not been compensated for that work. These liens provide contractors with an additional way to enforce non-payment, but mechanics' liens can be abused. It is not uncommon for homeowners who have refused to pay for inadequate or uncompleted work to find themselves faced with a mechanic's lien. This abuse has encouraged the state of Texas to establish ways for homeowners to remove a mechanic's lien from their residence.

Difficulty: Moderate

Instructions

1. Monitor your credit following any disputes with contractors. Fighting a mechanic's lien immediately after it is filed will increase your chances of having it removed quickly. Keeping track of your credit report will help you stay aware of any unexplained blemishes on your credit. Be sure to investigate your credit report if you are unexpectedly denied credit.

2. File a Motion for Judicial Review. This will start the process of having a court review the mechanic's lien. The forms needed to file this motion are forms Sections 51.902 and 51.903. Download and print both forms directly from the Texas Legislature's website.
   All forms are in zip format, so you will need to be able to download and unpack a zip file in order to access the forms. If you need help, you can contact the Legislature's technical support staff and they will assist you during the downloading and printing process.

3. Create an affidavit explaining exactly what occurred between you and the contractor. Keep the affidavit straightforward and factual. If possible, get an attorney to help you prepare it and have it notarized at your local bank or in the attorney's office. If any neighbors witnessed disputes or saw that the work was not completed or was completed improperly, consider creating additional affidavits for them. Also create an affidavit for any contractors who were hired to complete or repair work started by the contractor who placed the mechanic's lien.
   Once you have your affidavits, collect and organize all documents you have related the contractor and any problems you experienced. Include copies of original contracts and any letters or documents mailed to the contractor or received from him. If you have emails, print them and organize them according to date.

4. Request certified copies of the court's ruling. The court will issue an order declaring that the lien is not valid if they rule in your favor after reviewing your documents and the documents the contractor provided when they obtained the mechanic's lien. These certified copies will be needed to have all record of the mechanic's lien removed from your credit report and real estate records.

5. Provide state offices and credit reporting bureaus with copies of your certified order stating that the lien was not valid. File certified copies of your Motion for Judicial Review, affidavits, and the order provided by the court with the Texas Secretary of State's UCC filing section. Also file these documents with your county clerk's real property office and mail certified copies of the order to any credit reporting bureaus who are reporting the lien on your credit report. Most importantly, keep certified copies of the order just in case you ever need to prove that the mechanic's lien has been removed from your residence.

Tips & Warnings

• Consult an attorney if you have questions or are uncomfortable with filing on your own.
• Always put agreements between yourself and your contractor in writing. Do not conduct all business through phone conversations. Send certified letters to your contractor whenever possible and retain copies of all letters for future use.

References

• Texas Attorney General
• Texas Motions for Judicial Review Forms