Lien On Commercial Property Without A Contract

State:
New Hampshire
Control #:
NH-BH-070
Format:
PDF
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Notice of Lien on Commercial Property

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FAQ

For a residential construction project, you must file the lien affidavit no later than the 15th day of the 3rd month after the day the indebtedness accrues. Indebtedness accrues on the last day of the month when the original contract is (a) terminated, (b) completed, (c) finally settled, or (d) abandoned.

Fill out your lien form with complete, accurate details. Bring your Affidavit of Lien to the county recorder's office in the county where the property is located, and pay the lien recording fee. After recording a Texas mechanics lien, claimants must provide notice to the property owner and GC within 5 days of filing.

Foreign-born individual not qualifying as a citizen of the country in which he or she resides.

CURRENT RULES. The general rule is that a contractor does not need a written contract to file a Texas mechanics liens. However, a written contract is required for all Texas mechanics lien claimants working on residential, homestead projects.

If the contractor isn't paid, he can sue on the contract and record a mechanic's lien. But subcontractors, workers and suppliers don't have a contract with the property owner.

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Unless your contract was directly with the property owner, your only recourse against the property is generally a mechanics lien. 713.11 Liens for improving land in which the contracting party has no interest. 713.A subcontractor cannot get a lien on a property if the owner has already paid the contractor. Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no title to the property subject to the lien. Determine if it is a valid lien. It may not be valid if the work was not completed or supplies were not included in the plans or contracts.

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Lien On Commercial Property Without A Contract