Texas Mechanic's Lien Template

Filing Deadline

Original/general contractor: file lien affidavit by the 15th day of the 4th month after the month the work was completed, terminated, or abandoned (commercial); 15th day of the 3rd month (residential). Subcontractors/suppliers: 15th day of the 4th month after the last month labor/materials were furnished (commercial); 15th day of the 3rd month (residential). Tex. Prop. Code Sec. 53.052.

Clock starts: The month in which the claimant's contract was completed, terminated, or abandoned (originals) OR the last month labor/materials were furnished (subs/suppliers). NOT substantial completion of the whole project.

Where to Record

County Clerk's office in the county where the property is located (Texas does not use a separate Recorder of Deeds). For Harris County: Harris County Clerk Real Property Records, 201 Caroline St., 3rd Floor, Houston, TX 77002. Recording fee approximately $25 for the first page and $4 per additional page; documents must be 8.5x11 to 8.5x14 inches, black ink on white paper, minimum 8-point font.

Notarization

Required — document must be sworn before a notary.

The affidavit must be sworn before a notary public. Texas case law and county clerk practice require true 'subscribed and sworn to' jurat language; a simple acknowledgment is insufficient and can void

Service Requirement

Within 5 days after filing the affidavit with the county clerk, the claimant must send a copy of the recorded affidavit by certified mail (return receipt requested) OR any traceable private delivery service that provides proof of receipt to: (1) the owner or reputed owner at last known business or residence address, and (2) if claimant is not the original contractor, also to the original contractor. Sec. 53.055.