Lovein Ribman Texas Construction Law

Texas Construction Attorneys

What information must be included in the lien affidavit?

A properly prepared Lien Affidavit must include: (1) the identity of the Lien Claimant; (2) the identity of the Property Owner, the Original Contractor and the party who hired the Lien Claimant; (3) a description of the Property, such as the address, lot/block, and/or meets and bounds; (4) the amount owed; (5) a description of the unpaid work; (6) identification as to when the unpaid work was performed or completed; (7) if the Lien Claimant was not hired by the Property Owner, the date and method used to serve the Notice of Claim and who it was served on; and (8) a notarized sworn statement that the information contained in the affidavit is true and correct. Additionally, if the Lien is being filed against a homestead Property, then the Lien Affidavit must contain the following notice at the top of the document in at least 10 font boldface: “NOTICE: THIS IS NOT A LIEN. THIS IS ONLY AN AFFIDAVIT CLAIMING A LIEN.” (As a side note, this is a rather misleading notice, in that although it is true that it is just an “Affidavit Claiming a Lien”, it is equally true that once the Affidavit has been recorded against the Property, it is a formal encumbrance like a Deed of Trust and will be viewed by third parties as valid until released. Generally speaking, failure to include any of the aforementioned information may invalidate the Lien.