Hello and Happy New Year, everybody! This is attorney Ken Stevens from law firm Stevens PLLC. Today, I'm hoping to throw a life raft to some of you who have done work for people who were victims of Harvey. Maybe you haven't received your money, whether it's for a commercial or residential property. Looking at the timeline, we are currently in January. Many of you probably started doing work in August or September. So, if we count from August to September, October, November, December, and January, regardless of whether it's residential or commercial work, the lien filing deadlines have either passed or are coming up. Now, what do you do if you've done work on a project and you are past the lien filing deadline, and you are a general contractor? Do you just throw your hands up and walk away from the job, abandoning the money? Do you immediately follow a lawsuit for breach of contract? What is the best course of action? Well, the answer is that you need to go ahead and file a lien. However, the difference is that because you are a general contractor or a contractor with a direct contract with the owner, you can file a constitutional lien. This lien may not necessarily comply with the Texas property code, but it doesn't matter. This is a self-executing lien. The only reason you file the lien is to give notice to anyone who attempts to purchase the property that there is a lien on it. This way, that constitutional lien can be enforceable against them. Even if you don't file the lien, you still have a right to payment and a constitutional lien on the property. However, if someone were to purchase the property without knowledge of your lien, they could argue that they are a bona fide...
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Texas Notice Of Intent To Lien Form: What You Should Know
Document Type and change it to Notice. Once completed click Upload and save. How do I make a pre-lien notice in Texas? Dec 10, 2024 — If you don't want to mail your pre-lien letter, you can submit it by using the below form in person and have the non-sender send it to their Lender: Pre-Notifi on to the Lender (PDF) to let the Lender know of your planned action. For more information click here What is the difference between a pre-notification versus one that is served on the wrong party? — What do I have to do to file a Prentice in Texas? Dec 10, 2024 — If you don't want to mail your pre-notification, you can submit it in person and have the non-sender send it to the wrong address. Step-by-Step, How to Design an Informal Pre-open In Texas Notification Letter — State of Texas (Texans have a great amount of flexibility in how they can use this form) Click the link in the header to download a PDF. This form has all the forms for the informal pre-notifi letter and is a Very Important Form. Read and review it. If you have any questions after doing that, call the Lender at their number. If it is an Attorney doing the pre-notificate, let them know you need them to send the note to the wrong address…but you can still use it to mail the notice to the right address. When the time comes to pay the bill, the Lender and/or Borrower have 45 days to pay the balance. If it is a pre-notification, you just have to go through the steps again. Is there something else I need to do to design a pre-notification letter in Texas? If you do decide to file an informal notice, you need to get to know your Lender and get a letter sent to them within 45 days of your notice of intent. If you do not send them notice, you cannot file for a lien upon the property. There are several people that work as legal services attorneys to ensure that you get this notice within the 45 days. You can call their number for further information about their process. The purpose of that pre-notification is to alert the Lender that you are going to file a lien in Texas.
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