Key points
- The summary motion procedure in Property Code §§ 53.160–53.162 lets owners remove invalid liens on an expedited basis.
- A lien bond under § 53.171 transfers the lien from the property to the bond, freeing the property for sale or financing.
- A knowingly fraudulent lien can expose the filer to damages of at least $10,000 or actual damages, whichever is greater, plus fees, under Tex. Civ. Prac. & Rem. Code § 12.002.
- The court may award costs and reasonable attorney’s fees in lien proceedings under § 53.156.
Common reasons a lien is invalid
- The claimant didn’t send required notices of claim on time;
- The lien affidavit was filed late, lacks required content, or wasn’t sent to the owner as required;
- The owner properly withheld retainage and paid out according to the statute, limiting liability;
- The property is a homestead and the claimant lacked a written contract signed by both spouses and recorded before work began;
- The claimant signed an unconditional lien waiver or release;
- The lien claims amounts that aren’t lienable, such as profit on unperformed work, delay damages or unrelated invoices; or
- The suit to foreclose wasn’t filed within the limitations period, so the lien expired.
Your options for removing a lien
1. Demand for release
Many claimants release a lien once they’re shown, in writing, why it’s invalid and what liability they face if they don’t. We send a targeted demand that cites the statutory defects and the fee exposure. It’s often the fastest and least expensive route.
2. Summary motion to remove the lien
Texas Property Code § 53.160 allows an owner, or the original contractor where applicable, to file a summary motion asking the court to remove an invalid or unenforceable lien on specific grounds. The claimant must be given notice, and the hearing generally can’t be held until at least 21 days after the motion is served. The claimant must then produce evidence to support the lien. If the court grants the motion, the order can be recorded to remove the lien from the property records.
3. Bonding around the lien
When a closing or loan can’t wait, the owner or contractor can file a bond to indemnify against the lien under § 53.171. The required bond amount scales with the size of the lien, generally between 1.25 and 2 times the claimed amount. Once the bond is filed and notice is given, the lien attaches to the bond instead of the property, and title can be insured. The dispute over the debt continues against the bond.
4. Lawsuit to declare the lien invalid
Where the defects aren’t covered by the summary motion grounds, or the lien is part of a larger construction dispute, we file suit for declaratory relief and damages, often alongside breach of contract and Trust Fund Act claims.
Closing next week and a lien just showed up on the title commitment?
Call (346) 363-0334. We can often negotiate a release, arrange a bond, or set a summary motion fast enough to keep the deal alive.
Fraudulent liens and documents
Not every recorded “lien” is a mechanic’s lien. Fraudulent liens, sham judgments and bogus “common-law liens” sometimes appear in the records, especially against public officials, former business partners or people in personal disputes. Texas provides two tools:
- Civil Practice and Remedies Code Chapter 12 creates liability for anyone who knowingly makes, presents or uses a fraudulent lien with intent to cause harm. Damages are the greater of $10,000 or actual damages, plus court costs, attorney’s fees and exemplary damages in the court’s discretion.
- Government Code § 51.903 provides an expedited judicial review procedure to declare a recorded document or lien fraudulent.
Other liens we help remove
Beyond mechanic’s liens, we address satisfied deeds of trust that were never released, abstracts of judgment recorded against the wrong person or attaching to exempt homestead property, HOA assessment liens in dispute (see HOA disputes), and stale vendor’s liens in older chains of title.