Lovein Ribman Texas Construction Law

Texas Construction Attorneys

What is the deadline to file a Lawsuit to Foreclose a Mechanics Lien and When Does a Lien Expire?

A lawsuit to foreclose a statutory residential or commercial Lien must be filed within no later than one year from the last day the Lien could have been filed, or the Lien will become invalid and enforceable, unless on a commercial property the parties have agreed to extend the deadline in writing. In contrast, a residential or commercial constitutional Lien is typically enforceable for up to four years from the last day it could have been filed as long as the Property has not been transferred to a “good faith” purchase, i.e., someone who was not aware of the debt. You do not have to file a lawsuit just because you filed the Lien.