Lovein Ribman Texas Construction Law

Texas Construction Attorneys

What Additional Notices Must Be Included in a Lien Affidavit Filed Against a Homestead Property?

For a Mechanic’s Lien Affidavit to be valid and enforceable against a homestead Property, the Lien Affidavit must include the following Notice at the top of the page printed in a conspicuous font equal to at least 10-point boldface:

“NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.”

There are no “additional” requirements for a Lien Affidavit filed against a homestead Property. However, there are several conditions which must be present to even have the legal right to record or maintain a Lien against a homestead Property and additional Pre-lien Notice requirements for anyone not hired directly by the Property Owner or the Property Owner’s agent.