Legal Question in Construction Law in Texas

Affidavit for Mechanics lien
In January of 2002 we closed on our home. In August of 2005 we are refinancing. The title company ran across an affidavit for mechanics lien that we had no idea even existed. It began with a concrete contractor and our builder. The concrete contractor claims he wasn't paid in full. (nearly $6700). How could we have closed with a clean title in 2002? How could we have such a claim filed without our knowledge? The letters faxed to us by our title co. state that a certified letter was sent to us in Feb 2002 just 3 weeks after we moved in. If we had been notified then, believe me, it would have been handled immediately. The title co says this won't stop us from refi or selling our home but I don't want this hanging over us. We had absolutely nothing to do with this. Should we sue the concrete company? the builder? Do we even have the right to sue the contractor or the builder? Surely we cannot be held responsible for something we had no knowledge of..again, how could we have closed originally?

Asked on 8/18/05, 7:54 pm

Peter Bradie Bradie, Bradie & Bradie

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Re: Affidavit for Mechanics lien

If a contractor hasn't been paid for work done in bulding your house, then an M&M Lien is good.

The title company apparently overlooked the lien at closing. The good news is that your title insurance should take care of getting the lien cleared.

Answered on 8/19/05, 9:43 am

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