A lien can be filed and foreclosed against a homestead Property if the Original Contractor has a written contract signed by the Property Owner and if the Property Owner is married, then both spouses must sign the contract before the work begins. The contract must be filed with the County Clerk’s Office (although the filing can be done concurrently with recording the Lien). There is no exception to these requirements and it makes no difference if only one spouse is on the Property deed or is the only insured. The following additional requirements must be satisfied for a constitutional Lien: (1) contract must have been signed at a lender’s office, title company, or before an attorney; and (2) the contract must contain a provision allowing the Property Owner the right to terminate the contract within three days of execution. If the Original Contractor has satisfied these requirements, then all downstream Subcontractors, Suppliers, Professional, and Laborers have the right to record a Lien if all other requirements have been satisfied. The Notice of Claim and the Lien Affidavit must include certain statutory notices in order for a lien to be valid against a homestead Property.  All other residential pre-lien and lien filing deadlines apply to recording a homestead lien.

If you need assistance with a Texas Homestead Lien in April 2024, contact us today.