Mechanics' liens exist to comfort protect the interests of contractors who annex worked to advance a house however keep not been compensated for that duty.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.
Observer your credit later any disputes with contractors. Fighting a mechanic's lien at once after it is filed Testament aggrandizement your chances of having it removed quickly. Consideration track of your credit Announcement Testament aid you stay aware of any unexplained blemishes on your credit. Be positive to enquire your credit Announcement provided you are unexpectedly denied credit.
2. List a Movement for Judicial Fresh look. This Testament commence the operation of having a court argument the mechanic's lien. The forms needed to record this progress are forms Sections 51.902 and 51.903. Download and print both forms directly from the Texas Legislature's website.
All forms are in oomph format, so you Testament devoir to be able to download and unpack a drive string in categorization to access the forms. Provided you charge avail, you can contact the Legislature's scientific 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 possess all record of the mechanic's lien removed from your credit report and real estate records.
These liens contribute contractors with an extra pathway to enforce non-payment, nevertheless mechanics' liens can be abused. It is not infrequent for homeowners who compass refused to acquire insufficient or uncompleted drudge to boast themselves faced with a mechanic's lien. This abuse has encouraged the community of Texas to set up ways for homeowners to remove a mechanic's lien from their habitation.
