If you’re asking this question, you have likely filed a mechanics lien against a property because your invoices were going unpaid for the work you performed. Fortunately, Texas Construction Law protects contractors, subcontractors, and materials suppliers against non-payment in the commercial construction industry. Filing a mechanics lien is the best legal course of action to collect the payment you are owed.
So, if you received payment for the mechanics lien, then the next step is to sign and notarize a lien release form to remove the lien from the property.
Mechanics lien release form explained
A mechanic’s lien release form is a document that releases and removes a mechanics lien that was previously filed on a property. The lien release form simply releases a lien that has been filed against a property. The lien release form from Texas Easy Lien, however, does not release your rights to file a lawsuit. This is important because you might be owed more money than was captured in the lien affidavit. So, the lien release form only releases your lien, but it does not release any of your legal rights.
The contractor, subcontractor, or supplier who filed the mechanics lien is required by law to release their claim when payment for the lien amount has been issued and received for the mechanics lien claim. Typically, the party that paid (i.e., the property owner or responsible party) will request a release of lien at the time of payment.
How do I file a lien release form?
In most cases, the property owner or paying party will supply a mechanics lien release form when they remit payment. At this point, it is your (the lien claimant) legal duty to review the document, and if it is correct, then sign, notarize, and return the lien release. It does not matter who actually files the lien release once it’s signed and notarized – either the claimant or the property owner (or party responsible for payment) can file it with the county property records.
If the property owner does not send a lien release form, then it will be the lien claimant’s responsibility to obtain one and release the lien. Texas does not have a state-mandated mechanic’s lien release form. However, they are easy to find, such as the general lien release form we have available on www.texaseasylien.com.
You will need the following information to correctly fill out the lien release form:
- Property address (and/or legal property description)
- Name and company information of the entity that initially filed the mechanics lien
- County document number assigned to the mechanics lien previously filed with the property records
Easy, affordable online filing
When it comes to filing mechanics lien and bond claim paperwork, Texas Easy Lien makes it easy and affordable. Our service was designed and created by Texas construction attorneys and provides all of the Texas-mandated documents required to easily protect your payment rights. We even offer online notarization and document filing. Learn more about the steps to file a mechanics lien in Texas by contacting us today to safely and quickly file your mechanics lien paperwork online.
