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Is a lien stopping the sale of a property? Help is available.

On Behalf of | Mar 11, 2016 | Real Estate |

Selling a property can already be a stressful time. Between the anticipation of wanting to find a buyer and everything to run smoothly, combined with wanting to negotiate a good deal, property owners already have enough on their plate when putting a property on the market.

During the process, property owners — both residential and commercial — may be shocked to learn that a lien is on their property. Typically, a sale cannot happen with a lien, which makes it imperative for owners to take action as soon as they learn of a lien.

Some property owners may not even realize that there is a lien until the title company goes through the standard operating procedure of checking the county records. However, in other cases, an owner may learn of the lien after receiving notice of the filing.

What type of a lien is on the property?

At The Weaver Law Firm, we help residential and commercial property owners get problematic liens lifted from their properties. By having these liens removed, owners are typically able to go on and sell the property. In Texas, our firm tends to see a few different types of lien scenarios, including:

  • Fraudulent liens: While many of us might like to think this would not ever happen, as the Attorney General of Texas points out, it most certainly does. Luckily for owners, not only is knowingly filing a fraudulent lien against the law, it is also possible for owners to have these liens removed.
  • Invalid mechanic’s liens: A mechanic’s and materialman’s lien is typically a lien filed by a subcontractor or contractor for unpaid work. To better understand this, let’s say you hire a general contractor to remodel the kitchen. The general contractor hires subcontractors. However, the general contractor does not pay the subcontractors, so they file a mechanic’s lien against the homeowner. The concern with these types of liens though is that not all mechanics liens are valid. This is where an attorney can step in to enforce the proper lien removal steps.

In addition to fraudulent and invalid liens, owners may also learn of a judgment lien placed against the homestead or a child support lien. In all of these situations, know that relief may be available, but that very specific steps need to be followed in order for the lien to be properly removed. Homeowners attempting to handle the situation alone may run into more issues, which is why the recommendation is to work with an attorney who has experience handling these types of situations.


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