Just after the contractor finishes the renovations on your home, you learn that he has filed a Mechanic’s Lien on your property. What is this all about?
What is a Mechanic’s Lien?
It’s simple but challenging. When a contractor, subcontractor or material supplier contends that they were not paid for materials or work they provided for property improvement, they may file a lien against your property called a Mechanic’s Lien. This lien clouds your property title, makes it challenging to sell or refinance the property, and can lead to a foreclosure.
What is a Texas homeowner to do?
Your attorney will review the contract and determine if the lien is valid and enforceable. If it is invalid or unenforceable, the simplest and quickest way to deal with the issue is for your attorney to file a lawsuit (specifically a “Summary Motion to Remove Invalid Lien or Unenforceable Lien,” as stated in Texas Property Code Section 53.160) to remove the lien.
The good news is that a lien can be removed as quickly as 21 days after the lien claimant (such as the contractor in this case) files an appearance in the action if there are any issues with the many technical requirements related to the lien affidavit.
Actually this is great news because normally the first trial for this type of matter is set for one year from the date the suit was filed.
What you argue is important.
This type of matter is focused exclusively on whether there were any technical mistakes in the filing process.
Their workmanship, price, or amount due are irrelevant to the case. Here are the key points to consider.
- Were required notices sent on time? If not, the lien may not be valid.
- Was the lien affidavit filed on time? Was it missing any of the required information? If not, it can be removed.
- Was a notice sent to the property owner after the lien was filed in the county records? If not, that’s good news for you.
- Were there any homestead property mistakes? For example, in Texas, the written contract that contains specific language regarding warnings must be signed by all homeowners (both spouses, for example) and filed with the county before work commences. If there were any issues, it may be invalid.
- Was there a valid lien waiver, which releases lien rights? If so, this is a rather straight forward path to lien removal.
- Has the homeowner paid the amount of money under dispute to the court? If so, this is another quick way to remove the lien.
What if the homeowner still owes money?
That is another matter altogether. The lien can be removed but the contractor, subcontractor or material supplier can sue you for breach of contract, even though they forfeit their claim against your property.
How can this bad situation be prevented?
While you, the homeowner, cannot control what the contractor, subcontractor or material supplier does, there are a couple of things you can control. Make sure to consult with an attorney to create the contract so that you know it is valid . . . then document everything!
Gaylene Rogers Lonergan
Board Certified Residential and Commercial Real Estate Attorney
Lonergan Law Firm PLLC and Title Closing Office
12801 North Central Expressway, Suite 150, Dallas, Texas 75243
214-503-7509 | lonerganlaw.com
© Gaylene Rogers Lonergan and Lonergan Law Firm, PLLC, 2026. All rights reserved. This article is provided for educational reasons exclusively and is not meant to be construed as legal advice. The Lonergan Law Firm, PLLC, will represent you only after being retained and that agreement is made in writing.
