Harris Texas Affidavit for Mechanic's Lien

State:
Texas
County:
Harris
Control #:
TX-C116
Format:
PDF
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Description

Affidavit for Mechanic's Lien

The Harris Texas Affidavit for Mechanic's Lien is a legal document that serves as a crucial tool for contractors, subcontractors, suppliers, or anyone in the construction industry to protect their rights and secure payment for their work or materials provided. It allows them to assert a claim against the property they have worked on if they have not received full compensation for their services or supplies. This affidavit is specific to Harris County in Texas, and it is essential for individuals or companies working within this jurisdiction to understand the requirements and procedures involved in filing a mechanic's lien. The affidavit must be completed accurately and in compliance with Texas statutory regulations to have a legitimate claim on the property. The Harris Texas Affidavit for Mechanic's Lien typically includes the following information: 1. Identification: The affidavit will require the accurate identification of the claimant, including their legal name, address, and contact details. 2. Property Description: A detailed and precise description of the property where the lien is being claimed. This should include the property's physical address, boundaries, and any other relevant identifying information. 3. Contractor/Claimant Information: The affidavit will require details related to the claimant's role in the construction project, such as whether they were the general contractor, subcontractor, or supplier. The information should include the claimant's registration number (if applicable), as well as the dates of any relevant contracts or agreements. 4. Service Notices: The affidavit may require proof of properly serving statutory notices, such as the Notice of Contractual Retain age or Notice of Right to File Lien, to the property owner, prime contractor, and other relevant parties involved in the project. 5. Amount Claimed: The affidavit must specify the amount being claimed for unpaid work, labor, materials, or services provided. It should itemize the precise nature of the work done or supplies furnished, along with their respective costs. It's important to note that there may be different types or variations of the Harris Texas Affidavit for Mechanic's Lien, such as: 1. Original Contractor's Affidavit: This affidavit is typically used when a general contractor is filing a mechanic's lien. It includes additional details regarding the general contractor's role, project-related information, and any payments received to ensure accurate documentation of their claim. 2. Subcontractor's Affidavit: Subcontractors who have not received full payment for their work can file this type of affidavit. It requires specific information about their role in the project, their contract subcontractor relationships, and identification of the general contractor. 3. Supplier's Affidavit: Suppliers who have provided materials but have not been compensated appropriately can use this type of affidavit. It typically requires evidence of the delivery of materials, details of the supplier's agreement with the contractor or subcontractor, and any payments received. It is crucial for individuals and businesses considering filing a mechanic's lien to consult with legal professionals familiar with Texas construction law to ensure compliance with specific requirements and deadlines.

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FAQ

Mechanics lien, which is also called a mechanics lien affidavit or lien affidavit, is an official document that asserts a lien against a property for your work when you have not been paid. When appropriately filed, the lien affidavit becomes a public record.

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.

How to file a mechanics lien Complete a valid mechanics lien form. Each state has its own rules about the information and formatting required on the lien claim itself.Record the lien with the county.Serve notice to the property owner.

In the Real Property Department of the Harris County Clerk's Office. The documents may be filed in person or by mail. If filing in person, a photo I.D. is required.

Last updated . If contractors and suppliers don't get paid on a construction project in Texas, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.

To start the lien process a person must properly file a claim with the County Clerk's Office in the county where the property is located. The lien then will create an ?encumbrance? or a burden on the property's title. This will give notice to any potential buyers that a debt is owed.

Lien waivers act as a receipt for funds for the receiving party. They specify that the party waives their right to file a mechanics lien. As a result, they protect the property owner from lien claims on their property.

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.

How much does it cost to file a mechanics lien in Texas? Generally, filing a mechanics lien in Texas costs $26.00 for the first page and an additional $4.00 for every additional page.

More info

Looking to file a mechanics lien in Harris County, TX? Here's all the information you need to file your lien with the Harris County Clerk.A county clerk in a county with a population of 3. Texas mechanic's liens laws are among the most complex lien laws in the Nation. Go to our Forms Instruction page for information about completing and mailing forms. Property owners rely on various parties for materials and labor to complete construction projects. Case opinion for TX Supreme Court ZACHRY CONSTRUCTION CORPORATION v. Fill in the blank form formatted to comply with all recording and content requirements. Form must be filled out and notarized at the time of filing. 2.2 The prospective homebuyer(s) who is interested in the program will go to one of the Participating Mortgage Lenders and complete the Downpayment Assistance.

This will allow the lender to approve or deny a purchase loan. You must complete a payment schedule as well as a down payment assistance agreement. Click here to view the payment schedule for this program. For a detailed breakdown of what you need to bring to the down payment assistance meeting, click here. A contract that you and the prospective homebuyer’s) signed after obtaining a down payment assistance payment schedule will be mailed to you at the completion of the program. Click here to view the contract. Click here to read more about the benefits of this program and the cost. Forms: Click on the link that says, “Contact us: Toll Free Hotline.” This information can be found on the left margin of every page on our homepage. This page can be found by clicking here. You will need to send an email, phone call or write in requesting a meeting. To see sample letters to be sent in, click here. If you would like to request a brochure, download the brochures from this page here.

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Harris Texas Affidavit for Mechanic's Lien